Mediation in Marriage Contracts

/in /by

The prospect of marriage sparks a wide range of new considerations which promote joint decision making and entering into a marriage contract. Taking on life together on life‘s terms is the crux of your informed decision to marry in the first place. Easily said but what does that actually mean when we shift the focus to better communication and effective problem-solving. The context, of course, is the happier outcome of staying together for “better or worse, sickness and in health.” Statistically, however, a significant minority (conservatively estimated to be upwards of 35%) find themselves beset by the reality of separation and divorce. Then there is the universal truth that we are all to face the end of our mortal coil. In all of these cases, we are constrained to consider a form of prenuptial agreement which would sort out the multiple consequences to the joint decision to tie the knot. Perhaps a marriage contract can construct a better slip-knot. If separation becomes a reality, let’s make it easier and cleaner for both parties to move on cooperatively, if not amicably.

Family Mediation Marriage Contract Prenup“The date – check, the venue reserved – check, the caterer booked – check.
Oops! We forgot the prenup!”

This rationale may constitute more than being overly cautious or worse yet, negative at a classic time of unbridled optimism. As Drs. Bradberry and Grieves write in Emotional Intelligence 2.0:

“When you allow yourself to anticipate change -and understand your options if changes occur -you prevent yourself from getting bogged down by strong emotions like shock, surprise, fear and disappointment when changes actually happen. While you’re still likely to experience those negative emotions, your acceptance that change is an inevitable part of life enables you to focus and think rationally, which is critical to making the most out of an unlikely, unwanted or otherwise unforeseen situation.”

Here’s a little more information about mediating marriage contracts from the perspective of a professional family mediator. This may inform your decision to add one more box to your marriage ‘to do list’.

The law in Ontario as it relates to marriage, spousal relationships, children and finances is grounded in the recognition of informed decision making in the context of good and fair structure taking into consideration the objective responsibility for dependency in family relations, especially when there are children. While we do not require our courts to intervene in all cases, family practitioners certainly appreciate the importance of clear family law guidance for problem-solving and planning. We often refer to that information backdrop as the ‘law model.’

Generally speaking, it will be the parties themselves that craft their own settlement- whether it’s before the wedding ceremony (i.e. prenuptial), during the course of the marriage or separation, in the midst of the case and settlement litigation sequencing or outside of the judges’ trial chambers.

Common-sense suggests that an earlier juncture of problem-solving yields the better outcome. At the institution of contested court proceedings, a new predilection to adversarial conduct and positional bargaining emerges to the inevitable detriment of goodwill and financial cost. In mediation, we strive for the elimination of conflict so early collaboration becomes our fundamental recommendation.

Family Mediation Marriage Contract Family Law“It’s just about the details, like who gets the house and who gets the friends.”

Consistent with the main stream evolution of alternative dispute resolution (ADR) we have found that interests-based negotiation is the most effective way to plan out a joint strategy that respects each individual’s perspective and goals. This is the classic win-win dynamic and mediators work diligently to balance their conversation so that both participants are actually being heard by the other person.

Moreover, we ensure that the mediation participants are well supported by reliable legal information, full and fair disclosure while enlisting other professional resources, notably independent legal advice. On that note, we have found that most lawyers are fully supportive of their client’s proactive and preventative intentions while respecting the non- adversarial tone of pre-nuptial discussions. The informed choice of the best lawyer for you and the mediation process becomes important in setting the table for cooperative strategic planning.

 

In terms of the subject matters, the list spans a wide range of considerations. The two major substantive matters for discussion always include property and spousal support. Often times, we see the short-term interest of what would happen in an early break up as being separate and distinct to a longer range plan to fully respect developed financial dependencies, particularly when there may be children in the offing. Concern and strategies about the pre-existing principal residence becoming the ‘matrimonial home’ as stipulated by our Family Law Act amounts to a major consideration. However, people seem to benefit from good process management and clear financial choices in mediation. Inheritances, tax and investment planning are usually discussed, and, in many cases, our mediation clients are encouraged to explore other professional resources to provide additional financial planning in substantive detail. At all times however, a professional family mediator must extend their clients’ ethical protections beyond impartiality to neutrality. That means that such intervention must safeguard both clients throughout the mediation process and within the larger context of the market place.

From the initial assessment to the completed memorandum of agreement, couples are assisted by the mediator’s recommendations particularly with respect to process management. In the tradition of social sciences, we know that people benefit from structure in helping craft and decide upon their own future and marital planning. We call this concept of individual empowerment ‘self-determination’ and this constitutes the mediator’s prime directive.

 

Family Mediation Marriage Contract Planning“Good plan… Let’s do it!”

The practice of mediation in marriage contracts is a highly specialized vocation. The development of such specialization may be rooted in years of experience but we have found that to truly meet the needs of all Canadians and self-determination, a ‘best practices’ mediator must be prepared to clean house and ensure that adversarial and societal biases are thoroughly scrutinized. We strive to provide a better mediation process that works effectively to assist the couple in sorting out these significant matters consistent with their joy and happiness in forging a new future for better or worse.

Book an appointment with us today to discuss your mediation plan.

The 7 Characteristics of Effective Divorce Settlements

/in /by

I am reminded of the old country adage: “Just follow the road and when you come to the crossroads, take it.” You may have seen this separation coming or been blind-sided by the harsh reality that your marriage is at an end. You may have thought you were in primary control of the decision to split-up or now feel like a bystander to your life. The illusion of control or delusion that this is all the result of other people’s doing is entirely perceptional. The stark reality is like that crossroad collision, there is a statistical reality to another uncharted turn in life’s journey. A significant minority of marriages will end in divorce. That’s forty-two (42%) percent by most tallies. However, now it’s happening to you.

So let’s look at your choices. Let’s not focus on what you did or didn’t do (i.e. referring to marriage closure issues in post no-fault divorce). And we’ll definitely not “should” on you. You should have had a pre-nup agreement or Marriage Contract; or you shouldn’t have gotten married at all. Back to reality and concrete attitude and empowerment strategies that get you ready for the ride that delivers a healthy transition in the Divorce and Separation experience. And hey “watch out for that first turn” – it’s actually a crossroad. Make the right turn; it leads to a better future.

That is why your choice of the right family dispute professional is so important to your future success in securing a better tomorrow. My professional experience is informed by decades of witnessing first hand examples of proven success in mediation and collaborative practice, or indeed, cooperative negotiation.

I often sense that people are drawn to the spirit of respect and dignity and know implicitly that fairness and justice are matters of self-empowerment even at the most difficult time of their divorce or separation. Addressing the emotional dynamics with the legal divorce is a fundamental part of modern family dispute resolution. Separating couples soon realize that entails more than understanding the law model or the technical realities of separation agreements or divorce settlements. Candidly clients are seeking cues to success and clarity around the expressed values that will help them achieve a wise and durable arrangement as the family restructures through the divorce and separation experience. I would suggest the following universal components of an effective divorce settlement in terms of clients’ emotional preparedness.

Acceptance

Mutual acceptance is a definite indicator of the nature and degree of professional intervention in dispute resolution. Separating spouses may be at different places in their respective understanding of marriage closure issues and “where do I go from here” but a fundamental step towards success in conflict dispute resolution is the mutual recognition and acceptance that the marriage is over. I would view acceptance as the major psychological foundation for an effective interest-based negotiation. The capacity to form the thinking around your own distinct and individual needs and wants remains pivotal to self-empowerment and “going forward”. Unfortunately, struggling with this individual insight often transmutes into fighting against the collective process of resolution. An essential element in my initial consultation deals with current stage of marriage closure. We need to know that you know that marriage counseling is available in our community. Why? Because a marriage is a living thing and it is organically on the path of growth or atrophy. The ups and downs of marriage – the better or worse of marriage are part of the narrative of our social convention. To a family resolution practitioner, the non-judgmental approach is to appreciate whether the need to repair or end the marital relationship has been sufficiently and fairly explored by the spouses. If they have determined relational repair to be unavailable, then we are bridging into a realization or prospect that one stage of the relationship has ended (qua intimates) and another stage (qua co-parents or friends) has begun. As we know, acceptance is the latter phase of an emotional journey akin to grieving the death of a spouse. I would commend a vast array of literature and resources which assist people through the critical path of working through individual recovery. This is hard but necessary work as acceptance remains a major natural resource enabling voluntary progress in achieving settlement.

Conflict

“Conflict” and “Crisis” are words that denote hardship, distress and adversity. Perhaps if we re-frame these concepts for our own use, we may maximize the potential for settlement. Conflict is defined as a perceived interference by the other spouse and like mistrust is ever present in its potential to derail settlement. However, conflict is not absolutely inevitable or necessarily prevalent in settlement. That is, there are many substantive points arising in the separation process like time with children or financial issues around evaluation or the matrimonial home but if we can reduce or eliminate conflict, then we are obviously left with a less complicated resolution. Now we are able to really focus upon the substantive issues and use common problem solving strategies. We increase information for individual decision making and further decrease the prospect of positional bargaining. As we mediators say “go hard on the problem – soft on the people”. People come to realize that conflict is unnecessary and remain vigilant of allowing anger, fear or resentments to spin out legal or process points.
Crisis becomes re-framed as a process of mutual decision-making as opposed to an event of confrontation. Mutual respect and interest based resolutions become possible and the probability of success increases.

Cooperation

Acceptance and conflict reduction become the foundation for active cooperation and progressive settlement. Through individual insight, clients are at ground zero and seek out proven values to really move the agreement forward. Cooperation is a non-adversarial strategy which is based on mutual acknowledgment of differing perspectives and the over-arching common interests which will promote traction towards an agreement which speaks to their own individual requirements. Cooperation in negotiation theory is a shrewd and sophisticated approach to deal- making. Reciprocity removes the win-lose dynamic and promotes win-win outcomes. You will consciously eliminate the unrealistic outcome of making the other party lose and accordingly become a shared victor, particularly in salvaging the family resources from the consequences of conflict ridden litigation.

Purpose

A capable family practitioner will work to identify your individual and collective goals. Unity of purpose can transform a settlement opportunity into a meaningful statement of shared values. For example, a very common goal is to help the children through the divorce and separation experience. This includes good financial planning and cooperative bargaining within the settlement process as well as joint positive messaging to the children. The parents purposely and proactively minimize dislocation and heighten their well being and security as the family restructures through healthy transition. My proven strategy in cooperative, collaborative or mediation practice is to enhance principled resolutions around the children and then ensure a protective firewall is organized in the discussions which separates and isolates other substantive issues. People are becoming more aware of the consequences of conflict on children and are ready to “walk the talk” for their sake. Other purposes that I have heard include achieving financial independence, acknowledging the spirit of true friendship and respecting grandparents or blended families. Clarity in purpose will keep you focused on your goal and help you remain self-disciplined and accountable to principled negotiation.

Lateral Leadership

Lateral leadership means effecting influence on others without the means of authority. It resounds in the opportunity to persuade and this becomes a positive force in cooperative negotiation. Once again, there is an aspect of self-identity and self-actualization. It is about making sure that you and your separating spouse can avoid external pressures and stay true to your individual and collective visions. A majority of my clients report that they are besieged by conflict cheerleaders prompting them to abandon conflict reduction and escalate a fight. Then there is the troubling mystique of the courtroom barracuda lawyer that saves the day to ensure victory at all costs. Leadership is based on responsibility and acknowledging the duty to do the best for your family in these circumstances. As we have seen, these characteristics speak to your higher self and good responsible choices in tough times. Navigating through to settlement can be a difficult journey although lateral leadership maintains your bearings and helps you stay the course. As they say, a ship never leaves port without a destination and you remain ultimately responsible for a safe and successful voyage.

Team Approach

Using the right professional or mix of different professionals uniting in your common vision is another key characteristic of success. Choosing the right process manager as your legal or mediation counsel is a crucial step. As well, it’s ensuring the reliable and comprehensive information is generated to ground your best decisions in the process. This may include real estate agents, mortgage brokers, real estate solicitors, financial advisors, pension actuaries or lawyers for independent legal advice. Many of these selections may be made jointly with special arrangements ensuring safe and secure service delivery coordinated through your legal or mediation counsel. Increased information and settlement sensitivity can decrease or eliminate conflict and promote your joint strategic plan in an efficient and effective manner.

Self Determination

We only get one history – that is the first opportunity to do it right. As a court-connected mediator and family arbitrator referred into dispute resolution at the final stage, I often witness people having gone “through the ringer” before coming to realize the merits of cooperative settlement in this final stage. By then, the harm has been done to their family resources and the conflict trauma is already tearing at them and the children. The old adage is that the secret of life is to play a bad hand well. We know that divorce wasn’t your plan but now that it is here, you and your spouse are tasked to do the right thing. Your first steps are crucial. Settlement becomes a self–fulfilling prophecy. If this is going to happen right now, make it happen right. Sure it takes some time to find yourself and embrace these higher functioning characteristics. Of course, it is hard work and an ever challenging journey but with these developing attributes and your seven point compass, you can choose dignity and respect and better outcome for all. As you can see, the seven characteristics are really aspects of individual insight and emotional intelligence. These are your individual choices

The Seven Traits of an Effective Online Mediator: ODR in the Time of COVID-19

/in /by

We’ve often heard ‘change is the only constant’. Canadians are now in the grips of this global pandemic. We are certainly experiencing massive change by degree as our daily lives are significantly affected by this serious public health crisis. Moreover, change by nature is very much in the forefront of our collective thinking as professional mediators seek to influence creative innovations in the family justice system going forward in the 21st-century. Based on our demonstrated success from our past experience and current capacity, in the context of sweeping technological advancement, Family Mediation is positioned to effect meaningful impact on Canadians’ short term needs as well as endemic access- to -justice issues. As such, you will definitely be hearing more about retooling our private and public systems to online dispute resolution (ODR) by fully endorsing the promise of mediation. To quote Susan Acland-Hood, Chief Executive of HM Courts & Tribunals:”our processes don’t need to be as old as our principles”.

The mark of any professional mediator is to respond as opposed to react to any given circumstance . So before we take two steps forward into the future of ODR and e-mediations, let’s consolidate a healthy understanding of our professional ground zero. Internet platforms, computerized word processing, digital accounting, social media, e-marketing and indeed, that electrical outlet are all variations on a theme. The bedrock is mediation itself which is informed by mediation theory and practice. Mediation is the existential theme; it is our purpose-telos. Virtual technology becomes it’s application. However, at all times, we must be cognizant to recognize underlying mediation theory in building new ODR structures. Let’s not have ‘the tail wag the dog’.

Re-dedication to the guiding principles of mediation

What lies behind us and what lies before us are tiny matters compared to let what lies within us -Oliver Wendell Holmes

Let’s reflect on the difference between ‘doing’ and ‘being’. You are a professional family mediator-that is your purpose. The opportunity is to use and now expand your skills in the new reality of electronic mediation. Mark though, that is not as separate reality. As they say, ‘wherever you go there you are’. Perhaps you prescribe to the Hazel Genn casting of mediation that the outcome is not about just settlement, it is just about settlement or adhere to the seminal philosophy of The Promise of Mediation. (Footnote #1) Regardless of your particular philosophical persuasion, we stand or fall together in a joint and several dedication to the ethical standards of professional family mediation.

The prime directive, of course, is self determination. Self determination supports our detailed and dedicated adherence to the guiding principles of impartiality, neutrality,confidentiality,fairness and safety.

In any in all cases and particularly with respect to the novel experience of online mediation, your mediator’s ethics scan is on full alert. You cannot function as a professional third-party neutral without this constant ethical awareness and remain in reliable mediation service delivery to the general public. Clearly, our Standards of Practice apply. (Footnote #2a)

The virtual meeting place is going to draw you into new situations where you, even by reason of novelty, may feel untested or uncomfortable. In respect to the ‘untested’, you know you’ll learn new practical skills; you’ll get over it-fake it till you make it. At the same time, I would recommend carefully scrutinizing the standards and ethical principles of the leading industry organizations being the International Council for Online Dispute Resolution (ICODR) and the National Centre for Technology and Dispute Resolution (NCTDR). (Footnote #2b) Sensing the ‘uncomfortable ‘in mediation however, goes with the territory and it’s all part of being a good mediator-never compromise your integrity. Remember the unconscious/incompetence-unconscious/competence Learning Wheel in Mediation 101. Family mediators are lifelong learners and the wheel keeps turning!

The guiding principles demand relentless challenge in the ODR medium. A good example may be email correspondence during a mediation. Does your Agreement to Mediate have a provision (Footnote #3) on point which respects bilateral contractual issues relating to mediation communiques?

One last point for this limited commentary may be to be aware (i.e. beware) that the general public may not be insightful that mediation is a self-contained profession with our own meaningful ethics in practice. Remember that we are the guardians of the process. We, family mediators, are the current stewards or trusted servants of this noble profession. Ensure that we preserve and protect our heritage and be wary of being drawn into possible interventions that put our profession or your practice at risk on a case-by-case basis. What if those people are looking for internet legal word processors or allies in domestic violence or power imbalance. Question-what do Peter Parker and John Haynes have in common? Answer- a Spidey sense.

Do no harm

All professionals and service providers in our current crisis are tasked to support our general public in Canada Strong. We are mindful of this serious threat to our community and are entirely grateful to the service and sacrifice of our front-line health care workers and essential services. As human service providers, we are guided by the professional premise of ‘do no harm’. We start with our guiding principles but must be ever cognizant of specialized practice prerequisites. In particular, at the Ontario Association for Family Mediation (OAFM), we have the recognition and integration of domestic violence and balance of power protocols and practice.

Firstly, do not think that domestic violence is not a practice issue in the mediation. Yes ,to the extent that the participants may not be in the same physical site but what about ‘at other times ‘within your professional mandate. Moreover, the fact that you are now functioning away from your controlled office environment, may actually heighten the threat assessment. At a minimum, you will continue to effect your pre-mediation assessment and risk inventory.

Once again, in limited commentary, I would like to repeat the importance of keen professional vigilance in ODR with strict maintenance of OAFM standards. In particular, take the time to re-hone those learning conversations with the participants about the true purpose of mediation which is to provide a safe and secure process to help them through their transition. Anchor the assessment, initial interventions and conflict tips and recommendations to help you help them navigate through the mediation process. Conflict reduction and dispute resolution in an impacted society re-consolidates mediation as a population health resource.

And in obvious conclusion on this point, let’s end on the COVID-19 reality that we enforce social distancing and safe document transmissions. More to the point, ensure that you are always vigilant to the public health risk of attending open (downtown, suburban or whatever ) offices which may be contrary to ‘their ‘initial inclinations.

Have a constructive conversation about using your e-mediation services or otherwise conduct yourself most appropriately. For example, electronic transmission of the Memorandum of Agreement; it may be you do that already ,so now you can beam ‘best practices’.

Secure internet

Please note that all internet platforms are not alike. As stated, professional standards of confidentiality apply. So look a little deeper into the prospective program. For many years in my international mediations, I used a particular e-platform which now does not pass my current process management capacity assessment. I have installed Zoom and GoToMeeting applications and I use the latter for my professional family mediation practice. I am entered as the organizer and pay a manageable annual service fee which I amortize and reasonably allocate as fixed disbursement charges. I’m sure that there are other similar meeting applications that you can investigate. I like this app because it jives with operative process management considerations in mediation.

I commend the OAFM in staging webs seminars in technology tips for online mediations. Once again,we as a community need to connect and share best practices in this new medium.

Process management

A good mediator is an excellent process manager. Process management in dispute resolution is a key attribute that attracts the general public and indeed, the lawyers and judges. I don’t mind saying and maybe it’s because of decades of family law and professional family mediation practice, I am hardwired to ‘structure’. To me, this really means ‘infrastructure’. We’ve already talked about the internet infrastructure. We’re referring now to applying our professional mandate in sequencing disclosure and issue resolution in a clearly transparent professional organization which facilitates consensus in whole or part. We’ll apply Mediation 101 as it may relate to communication and negotiation theories and then see what challenges and opportunities reveal themselves as reflective practitioners.

One practical modification that I have made in my e-mediations is to provide interim progress reports to the parties after each session. I frame these communiques as Debriefing Notes submitted in recognition of their closed mediation with some other acknowledgements which correlate to the Agreement to Mediate. These Notes contain the Agenda for the next meeting which accompanies an invitation to meeting.

On a personal note, I just love the structure that e-mediations provide (and being barefoot in business attire!!?!) but maybe that’s because I’ve got a more directive style in mediation. I’ll be interested to hear from the other side of the practice spectrum, to find out what our mediators with a more facilitative style are able to contribute to our ‘best practices’.

Document storage

This is a great opportunity to invest real attention to your professional mediation clerical or data sub-directories. We are all ready to surf our active listening skills in this new wave of online mediations but what about our clerical capacities in the wake of the internet tsunami? Fix it now or it’s going to become problematic as cases increase. Best practices dictate that professional file management must promote reliable documentary retention notably including executed Agreement to Mediate, financial disclosure, interim reports, mediation communiques, third-party correspondence as well as draft MOAs and completed Domestic Contracts in addition to consumer accounting.

Remember that this is not just an area that will reflect your professionalism to the general public and our family justice system. Mediation is expanding and the steady rise of consumer complaints in other jurisdictions will probably transmute to our local industry. In the event that you are notified to participate in the complaints procedure, this attention to detail in retaining proper record keeping will undoubtedly assist in the resolution of the issue of demonstrated professionalism. As they say ‘it’s easier to loosen up a tight ship ,than tighten up a loose ship.’

Marketing

Generally speaking and subject to threshold competency in technological application, if you have the skills to mediate, you will have the skills to e-mediate. But what if the general public is not aware that you are an emerging ODR specialist? As a healthy adjunct to updating your computerized programs and organization, you may wish to refocus on your website and advertising budget. Reach out to your professional network and ensure that the community knows of this timely and effective resource. There’s a lot more to prepare for a secure mediation practice than locating the Join Meeting prompt. Make these changes soonest and be ready to catch the wave.

The reflective practitioner

The experts say this crisis will pass but we know that it’s definitely not business as usual. Our industry will respond to these challenges particularly as we self examine our professional outreach and engage the learning conversations that accompany our good work in ‘being and becoming’. From the outside of my learning curve many decades ago, I was ably assisted by the good work of Michael Lang in the Reflective Practitioner. (Footnote #4) What truly lies within the heart and soul of a family mediator is the unbridled curiosity and potential to grow and develop as a caring and competent professional. Self examination and constructive criticism become our mandatory characteristics. It is our manifest destiny to influence and professionally imprint our telos in the development of online dispute resolution.

Take this opportunity to reflect on your given profession and be grateful that you can contribute to others in this time of need. Extend your study to relevant literature that you can use to edify your professional role and extend your lateral leadership into the creation of a new family justice systems in Canada. In this regard, I recommend the work of Richard Susskind in the Online Courts and Future of Justice. (Footnote #5)

Richard Susskind delivers a cogent call to action with specific reference to the significant challenges to the world’s citizenry struggling with the systemic backlogs of millions of cases in the global community. More than half of humanity is now online. More people in the world now have internet access than access to justice. Mediation in online dispute resolution and extended court services are components with other forms of consensual dispute resolution (including collaborative practice ) envisioning a new family justice system in Ontario. Your work in online mediation is part of this learning curve. Stay the course.

I previously mentioned Dr. John Haynes, one of the preeminent pioneers of family mediation. I remember quite vividly a conversation at an AFPM workshop in 1997, where he said to the effect : being a family mediator is asking what can we do today to make a better tomorrow. I believed him then but maybe I’ve only just come to understand. Now I have faith and am firmly convinced that our caring profession will evolve as hope endures.

nm@alternativelaw.ca
Nigel Macleod ,LL.B., AccFM (OAFM), ADV.PRACT. (ACR) (APFM) Professional Family Mediator specializing in consensual dispute resolution (CDR). Nigel has maintained a blended practice of law and mediation since 1993 and was the first Canadian to become a Certified Florida Supreme Court Mediator in numerous practice specialties from 2009. He has studied Advanced Negotiation at Harvard Law School and completed various diplomas in related fields of studies. Nigel has participated in many CDR pilot projects over the last 20 years and was the Founding President of the Ontario Collaborative Law Federation. Nigel served as the OAFM Ottawa Chapter President and currently volunteers as a Complaints Investigator and sits on the Advocacy Committee of the Ontario Association for Family Mediation. Nigel is a member of the International Council for Online Dispute Resolution (ICODR).

Footnotes

1) The Promise of Mediation The Transformative Approach to Conflict: Robert A Baruch Bush/Joseph P Folger (ISBN-10 0787974838)

2a) https://www.oafm.on.ca/about/standards/standards-of-practice/
2b) https://icodr.org/standards/
http://odr.info/
https://icodr.org/guides/videomed.pdf

3) The purpose of this Agreement to Mediate is to facilitate and assist in the parties’ settlement of their interim and/or final consensus. As such, the mediator recommends individual and/or joint sessions in person. However, a party (or parties) may choose to augment the mediation process by delivering mediation communiques to assist in their negotiation process. Accordingly, in such circumstances, a written communication may be delivered by electronic means (i.e. email) with such text being delivered to the mediator with a simultaneous copy (not bcc) to the other party under the subject title “Mediation Communique”. Notwithstanding the internal publication of any such mediation communiques, the purported acceptance of any included proposal will not constitute offer and acceptance for the purposes of contractual enforcement unless and until completed in the continuing mediation session(s) or process, and in recognition of independent legal advice and contractual finalization and execution of a stipulated Domestic Contract.

4) The Guide to Reflective Practice in Conflict Resolution: Michael Lang (ISBN-10 1538116626)

5) Online Courts and the Future of Justice: Richard Susskind (ISBN-19 8838364)