alternative dispute resolution – Toronto Family Law Blog Canada https://torontofamilylawblog.ca With Jennifer Samara Shuber, LSUC Mon, 17 Jul 2017 19:19:56 +0000 en-US hourly 1 https://wordpress.org/?v=4.6 Pleased to Announce…. https://torontofamilylawblog.ca/pleased-to-announce/ Thu, 13 Jul 2017 18:52:11 +0000 https://torontofamilylawblog.ca/?p=6310 I am pleased and proud to announce that I have been granted certification as a Certified Specialist in Mediation by the Family Dispute Resolution Institute of Ontario.   I am glad to be a member of the FDRIO organization which is working hard to promote excellence and accountability in family mediation. I am trained as...

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I am pleased and proud to announce that I have been granted certification as a Certified Specialist in Mediation by the Family Dispute Resolution Institute of Ontario.   I am glad to be a member of the FDRIO organization which is working hard to promote excellence and accountability in family mediation.

I am trained as a lawyer and as a social worker.  That means that I can mediate both financial and parenting issues for parties.

My experience in the legal representation of clients has given me the knowledge of the law and “how things work” in family law.  I understand practice and procedure.  I am a critical and practical thinker.  I can provide legal information (not advice) to parties in mediation.  I can ensure that they are informed of the law on a particular topic, as well as their rights and obligations.  I have been on the other side of the table, representing clients in mediation and arbitration.  I know what that process is like from the inside out.

My social work and mediation training have provided me with the tools to manage difficult personalities and build consensus. I am able to be empathic without getting dragged into the emotions and conflict.  Active listening allows me to listen effectively and to understand what is happening and why.  I am trained to look not only at the issues, but also at what is underlying the dispute, in order to identify and eliminate road blocks to settlement.  I am trained in child development and have worked with children of divorce.  I am able to bring the children into the process, whether that it by actually meeting with them or by figuratively representing their best interests in the mediation.

I would be happy to further describe my mediation practice and to answer any questions you may have. Please do feel free to contact me.

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Grandparent Access: Mediate, Don’t Litigate https://torontofamilylawblog.ca/grandparent-access-mediate-dont-litigate/ Mon, 27 Mar 2017 13:58:33 +0000 https://torontofamilylawblog.ca/?p=6282 Have a look at my piece on access by grandparents to their grandkids on the Lawyer’s Daily website. https://www.thelawyersdaily.ca/articles/2776

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Have a look at my piece on access by grandparents to their grandkids on the Lawyer’s Daily website.

https://www.thelawyersdaily.ca/articles/2776

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Beard Winter LLP: Here I Am! https://torontofamilylawblog.ca/beard-winter-llp/ Mon, 22 Aug 2016 17:38:40 +0000 https://torontofamilylawblog.ca/?p=6200 I have arrived. A new building. A new office. A new parking lot. A new document management system. Even a new iPhone. My new mantra is change is good. If I say it enough times, it becomes the truth, right? My last day at Basman Smith LLP was Friday, August 12, 2016. Then I took...

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I have arrived. A new building. A new office. A new parking lot. A new document management system. Even a new iPhone. My new mantra is change is good. If I say it enough times, it becomes the truth, right?

My last day at Basman Smith LLP was Friday, August 12, 2016. Then I took the weekend off. First thing Monday August 15, 2016, I started bright eyed and bushy tailed at Beard Winter LLP. Seamless? Hardly.

Everyone supporting my move has been amazing. The tech staff who managed the transfer of my computer files over to the new system. The movers who hefted crates full of paper files between firms (and only got lost twice). The law clerk and legal assistant who have been doing yeoman’s work trying to decipher the new systems so that I can access my files, do conflict checks and meet with clients. A big thank you to all of you.

The Beard Winter family has been incredibly welcoming. People pop their heads in to my office to introduce themselves throughout the day. Colleagues stop me in the halls and elevator to say hello. Questions are answered with kindness. Directions are given with a smile. It is a warm and friendly place. Thank you for making me feel at home.

It took me an hour to write a three line letter last week. I had no idea where my files were stored, how the firm letterhead precedent works or how to save a new document. (Rest assured no one is getting billed for that time). The learning curve is steep but I am confident that in a month or two (or six), it will feel like I never practiced anywhere else. And my pictures will be hung.

Please feel free to drop me a line at my new digs. My number is 416-306-1742 and my email is [email protected]. Recall that, in addition to practising family law as a specialist, I am a certified comprehensive family mediator. I would be pleased to answer any questions about either or both practice areas.

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Neutralizing conflict through parenting co-ordination https://torontofamilylawblog.ca/neutralizing-parenting-co-ordination/ Tue, 26 Apr 2016 19:16:25 +0000 https://torontofamilylawblog.ca/?p=5996 Parenting co-ordination easing the pain of separation Parents trying to iron out the details of high-conflict separations should communicate like business partners, says family lawyer Jennifer Samara Shuber. “It’s like running the business of the family,” says Shuber, a partner with Basman Smith LLP. “Would you send screaming, swearing emails to your business partner? No. You’d send...

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Parenting co-ordination easing the pain of separation

Parents trying to iron out the details of high-conflict separations should communicate like business partners, says family lawyer Jennifer Samara Shuber.

“It’s like running the business of the family,” says Shuber, a partner with Basman Smith LLP. “Would you send screaming, swearing emails to your business partner? No. You’d send an email to your business partner saying, ‘This is the deal. This is the transaction. I need your position.’”

Teaching clients how to filter the negative, emotional and at times hysterical comments is just one of the elements Shuber uses while providing parenting co-ordination.

The service — which can also be performed by social workers and psychologists — is a post-agreement process that allows a professional to help parties negotiate the details of their separation agreement or parenting plan, says Shuber, who holds a joint degree in law and social work from the University of Toronto.

The details often have to do with splitting time with children over family holidays, or making room for flexibility in custody agreements.

With nearly 20 years of experience in litigation and family law, Shuber can advise clients on the law surrounding such issues as child support and sharing expenses.

The parenting co-ordinator is an unbiased third party, someone who cannot already be representing one of the parties in the separation process.

“I have insight into the case law and knowledge of how things would go if they went to court,” Shuber tells AdvocateDaily.com. “I’d encourage them not to choose the court option and choose to resolve conflicts instead.”

Clients who seek parenting co-ordination are often considered higher conflict cases, she says. Many people can work out details such as how to split time over Christmas without the help of a professional. Others can work independently with their exes following a bit of coaching. But there are cases where intervention and the assistance of a parenting coordinator will be necessary for years to come. 

Often, the interactions are emotionally charged, she says.

“There’s a history and sometimes they have to relearn behaviours,” says Shuber, who is also trained as a comprehensive family mediator.

“They’ve had a way of interacting with the spouse that has gone on for a number of years, often decades, and they have to learn how to communicate neutrally and effectively.”

She says sometimes high-conflict parties get a “rush” out of the contact and conflict, because it’s the only contact they have.

“A large percentage of high-conflict cases are that way because the individuals don’t have the skills,” she says. They don’t know how to be anything else. The shared history for them is too overwhelming. They are still completely enmeshed, and so it’s a learning process for a number of families.”

Parenting co-ordination sessions can happen in one phone call or meeting. The co-ordinator can make rulings on minor custody issues or parenting time, she says.

Shuber says she seeks out the position of both parties before making a decision.

“It’s doing some positive role modelling,” she says. “It’s to show healthy communication and how to reframe things in a more neutral way.”

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Helping Families Craft Lasting Solutions as a Certified Family Mediator https://torontofamilylawblog.ca/helping-families-craft-lasting-solutions-as-a-certified-family-mediator/ Tue, 19 Apr 2016 14:04:58 +0000 https://torontofamilylawblog.ca/?p=5989 Getting into Family Law and Helping Families I have obtained my mediation accreditation from the Ontario Association for Family Mediation.  I am now a certified comprehensive family mediator.  I can mediate any family law issues, including all property, support and parenting matters. In a nutshell, mediation is a voluntary process where both sides (and their counsel, if represented) work...

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Getting into Family Law and Helping Families

I have obtained my mediation accreditation from the Ontario Association for Family Mediation.  I am now a certified comprehensive family mediator.  I can mediate any family law issues, including all property, support and parenting matters. In a nutshell, mediation is a voluntary process where both sides (and their counsel, if represented) work with a trained facilitator (me) to resolve their family law disputes in a cooperative fashion.  The goal is a win-win resolution, particularly if children are the subject matter of the dispute.

If you have questions about mediation, or my services generally, please do not hesitate to contact me. I would be happy to explain the mediation process and how it differs from the traditional individual representation I continue to do.  You can also click on this link to an article about me featured on AdvocateDaily about my mediation practice.

http://www.advocatedaily.com/jennifer-samara-shuber-helps-families-craft-lasting-solutions-as-certified-family-mediator.html

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