Mediation Services

As mediators, we act as neutral third party facilitators to assist you and your spouse in addressing and resolving the issues surrounding your separation.

Our experience tells us that mediation is often the most appropriate dispute resolution process. The benefits of mediation include:

We are Accredited Family Mediators (Acc. F.M.) through the Ontario Association for Family Mediation and have practiced Family Mediation for approximately 16 years (since 2004).

We are also certified with the Canadian Institute for Conflict Resolution where we completed an intensive 160 hour program in alternative dispute resolution.

We have been active members of Ontario Association for Family Mediation for many years, having served on the Ottawa Board of Directors as President, Vice President, Treasurer and Membership Director.

Litigation Services

While litigation is generally the most costly family law resolution process, unfortunately it is sometimes a necessity. Our litigation experience spans 20 years, and through that time we have seen the very painful effects it can have on the parties. Even where commencement of litigation is necessary, we will do our utmost to continue to work towards resolution at the very earliest opportunity. We will possibly recommend commencing court proceedings in the following circumstances:

Your children are in danger either emotionally or physically

Your spouse is not providing appropriate financial disclosure

Your spouse is refusing to negotiate or refusing to do so in good faith

The dynamics of your relationship is not conducive to other dispute resolution options.

Cohabitation & Marriage Contracts

It is strongly advised that partners who plan to cohabit or marry seek legal advice and potentially enter into a contract to determine rights and obligations upon separation or death. This is particularly true if this is not a first marriage or common law relationship and if either party has significant assets.

The matrimonial home is given very special treatment for married couples under the Ontario Family Law Act. If you are planning to move into a home owned by you or your fiancé before or after your wedding, there are significant implications to your property rights upon marriage breakdown or death.

In Ontario, the Family Law Act gives parties the right to enter into a contract that governs their property and spousal support rights upon breakdown of the relationship which will override the rights and obligations under the Ontario Family Law Act or Federal Divorce Act.

There are certain issues that cannot be addressed in a marriage or cohabitation agreement including parenting rights and, for married couples, rights relating to possession, financing or sale of the matrimonial home.

Terms of a marriage or cohabitation agreement can be negotiated through mediation or solicitor negotiation. In either case, disclosure and independent legal advice are crucial to ensure the agreement is not vulnerable to future attempts to set the agreement aside.

Barbara Cohen: Advisor (Retired)

barb@cohenfamilylaw.ca

University of Ottawa : Doctor of Law (J.D.)
Carleton University : B.A. (with Distinction) - Human Resources Management/Personnel Administration, General

In 1984 I graduated from Carleton University in Ottawa with a Bachelor of Arts degree with Distinction. Since my call to the Bar in 1991, I have practiced exclusively in the area of Family Law.

While my practice was initially litigation oriented, in 2001 I began focusing my attention on alternative dispute resolution approaches to Family Law. After completing my Certification as a Third Party Neutral from the Canadian Institute for Conflict Resolution in 2001 and subsequent training in Family Mediation, I began my Family Mediation Practice in 2004. I have been an Accredited Family Law Mediator since 2007.

In 2003 I received my training in Collaborative Family Law and continue to practice as a panelist for the Ottawa Collaborative Law Network.

Volunteer Experience

President – Ontario Association of Family Mediators (OAFM) - Ottawa Chapter

Vice President/Treasurer/Membership - Ontario Association of Family Mediators - (OAFM) - Ottawa Chapter

Ontario Superior Court of Justice - Presenter of "Experiencing Separation" course

CHIN Radio - chaired production of 12 part radio series on Family Law Dispute Resolution

CHIN Radio - Numerous guest appearances on CHIN Radio as Family Law/ADR expert

Participated in provincial panel of family law experts on Family Law Justice Reform Project

Carleton University – guest lecturer for Women and the Law course