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There are great benefits of using mediation in custody conflicts

18

May 2016

There are great benefits of using mediation in custody conflicts

The end of a relationship really sucks. You are hurt and confused and angry. In the midst of all that pain you have to make arrangements for your children. However, you can’t seem to get anywhere when you and your spouse try talking. Sooo frustrating, right? Here are the top 3 reasons you should try family mediation BEFORE rushing to court to move you forward...

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How mediation can help you with property division?

02

May 2016

How mediation can help you with property division?

The division of property between parties when a relationship is ending is an extremely important exercise. However, parties are sometimes so overcome with emotion that it makes the task of sharing assets a very difficult one. Mediation is a voluntary, confidential process in which a neutral third party assists the parties to communicate better so that they can arrive at an agreement without going through...

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What is meeting facilitation?

02

Jul 2015

What is meeting facilitation?

A: Facilitation in the ADR context refers to a process in which a neutral third party assists a group to become a more effective unit. When facilitating a meeting, the facilitator’s job is to help the group plan the meeting and then guide and manage the process so that the group meets its objectives. The group retains decision-making power just like the individual retains decision-making power...

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04

Sep 2013

Q: What’s one way I can build trust in mediation?

  A: Making a deposit into another’s “emotional bank account”, as suggested by Stephen Covey in his book, The Seven Habits of Highly Effective People, is a good way to reduce fear and create a safe environment in which trust will blossom. Treating clients with courtesy and being honest with them are great ways to make a deposit in their emotional bank accounts. If these “deposits”...

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16

Aug 2012

Q: Can parties use arbitration to resolve family law issues?

  A: Arbitration is rarely used outside of the commercial law arena in the Caribbean. However, it is part of the menu of dispute resolutions options for certain types of family law matters in Canada & Australia and there is a now an ongoing pilot project in England. Arbitration is less formal and costly than a trial but offers a binding result unlike mediation.


14

May 2012

Q: Can’t every mediation be referred to as a transformative mediation?

  A: Transformative mediation refers to a particular model of mediation with peculiar techniques. The goal of that model is to “change the quality of conflict interaction” (Bush & Folger, 2005). However, in my view, transformation (meaning simply “a change”) does occur in every mediation, whatever the model employed. There is no way that disputing parties can sit around a table and engage in a discussion...

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09

Feb 2012

Q: If parties who are divorcing or separating use mediation to resolve their custody issues, can their children participate in the mediation?

  A: While researchers differ in their views about the nature and extent of a child’s participation in his parents’ mediation, they seem generally supportive of the idea that a child’s voice should be heard.  Mediators though have been cautious in putting this into actual practice and you may find that it only happens in a minority of cases. Perhaps there is room for a Caribbean...

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06

Jan 2012

Q: Do you have to be over 18 years of age to be a mediator?

  A: No you do not have to be over 18 years of age to be a mediator. In fact, in November, 2011 the Governor-General of Jamaica, Sir Patrick Allen, in his address at the opening ceremony of the 14th Annual Conference for Presidents & Governors-General of the Caribbean Community, urged Caricom heads of state to do more to effect positive change in young people...

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03

Nov 2011

Q: I read recently that a journalist had been chosen to moderate a meeting of stakeholders who were trying to determine the way forward on an issue of national concern. It seemed to me that such a meeting required a professional facilitator. What’s the difference between a moderator and a facilitator?

  A: A moderator is someone sufficiently knowledgeable about the subject matter of a meeting that he can competently introduce speakers, ask intelligent questions about their presentations that provoke discussion and regulate contributions and questions from participants. You may have seen a moderator at work at the last panel discussion you attended.



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