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Training: The Arbitration of Comprehensive Family Matters/ Parenting Coordination on Separation, Divorce and Related Situations
A five (5) day intensive contextual skills-based training program in the process, practice and role of the arbitrator, experts, others in arbitration
June 12, 13, 14 & September 6 and 7, 2018 (9am-5pm)
Kahanoff Centre, Calgary, AB
COURSE OVERVIEW
On the continuum of dispute resolution systems, arbitration is a less formal process for the resolution of comprehensive family matters in separation and divorce than is court-based litigation with its more formal structure and rules. Arbitration offers flexibility for parties in the process, especially because of the opportunity for mediation within arbitration, to resolve such subject topics as:
• parenting/custody/contact/access • child/spousal support
• property.
Family matters arbitration (“FMArb”) is linked to private Parenting Coordination as a topic-specific arbitration and court-ordered post-proceedings/order/s Parenting Coordination with a decision-making function (“PCArb”).
This training will clarify the role of arbitration in the primary dispute resolution system; party choice; jurisdiction; developing context, structure, implementation, procedure and rules for arbitration; pros, cons and pitfalls of arbitration; the role and responsibility of the arbitrator in arbitration and in relation to the arbitrator’s ordinary practice; the role of the court, lawyers, experts, child specialists, parties, and others involved in the arbitration; the involvement of child/ren; ethics in arbitration and in relation to the arbitrator’s ordinary professional role; and who should arbitrate in content-specific disputes.
The core content for the FMArb/PCArb Training will include a thorough review of Alberta’s Arbitration Act (AAAct), its process provisions and related case-law and other legislative and case contexts, and the role of the Arbitrator within the AAAct. This will incorporate, within the process for arbitration and role of the arbitrator, the aspects of: role of the court; roles of initial contact, retainer, drafting the arbitration agreement including informed consents to arbitration, intake, screening for domestic violence/IPV, signing the Arbitration Agreement with its informed consent, and thorough pre- arbitration preliminaries such as timing, setting the arbitration hearing dates and other-like related matters; through to the arbitration hearing including: managing content, evidentiary matters and rulings, and other related matters; to the conclusion of the arbitration hearing; the drafting of and releasing the Final Award; the conclusion of the arbitrator’s role; the foundation for appeals; and the application and re- casting of arbitration process and role of the PCArb within PCArb with preliminaries such as contact with lawyers, drafting a PCArb Court Order PCArb Agreement other related contexts.
PRE-REQUISITE: A 40 hour comprehensive Separation & Divorce Family Mediation Training or equivalency.
VENUE: Kahanoff Conference Centre, Room 208, 105 12th Avenue SE, Calgary, AB
Registration includes lunch, refreshments, coffee breaks and all materials. Please inform of any dietary restrictions.
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