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Topics include: ascertaining the main challenges and issues to be addressed in the arbitration, protecting the process, ensuring a good record, new evidence options, managing party expectations, addressing multiple forum issues, navigating situations with more than two parties, utilizing comprehensive arbitration agreements, amending the arbitration agreement, appeals and grounds of appeal, good faith mediation, limitation periods, and more. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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This paper provides an overview of process options and design considerations to help practitioners and clients evaluate and select an alternative dispute resolution process that fits the needs of the issue at hand. It also includes three sample arbitration agreements.
This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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This paper provides lawyers with tools to assist a client going through a marriage breakdown to “keep the peace and be of good behaviour”. It provides a range of tips and suggestions on various topics for lawyers to employ when working with a family law client in a high conflict situation. Topics addressed include dealing with high conflict personalities, communication strategies, decision making strategies, threat assessment tools, parental kidnapping prevention, suicide prevention, dealing with bullies, and setting boundaries.
The paper also includes a number of appendices, such as “Top ten rules for keeping things calm”, “Top ten list for doing separation and divorce right”, lawyer/client expectations list, settlement skills list, and a family mission statement precedent, among others.
This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.