POWER IN MEDIATION with Brad Mustard, LL.B., LLM,

Thursday, January 12, 2023, 2:00-4:00 pm Eastern

Power” can be defined as the use of violence or coercion.  In negotiation it is also defined as strategies of influence, and leverage to gain advantage, combined with the possible threat of litigation.  It is the capacity to influence others and allows one to claim more value for themselves.  Learn how to understand and balance power and respond effectively and ethically in a family mediation context.

Learning Objectives:

  • Explore the tension in Family Mediation between Interest Based Negotiation and Competitive Negotiation
  • Increase Awareness of Power and Power imbalance in Family Mediation
  • Identify Power Dynamics, and Power Tactics in Family Mediations and explore practical interventions as a mediator in dealing with this imbalance.

Brad Mustard practices as a family law lawyer. His practice is solely a dispute resolution practice. Brad acts as an Arbitrator, Family Mediator, Parenting Coordinator, and Collaborative Lawyer to assist clients in reaching out-of-court resolution effectively. His practice focuses on solving complex property and support matters, and creating parenting plans for families, to help parents better shelter children from conflict.

Brad received his LLB at the University of Alberta in June 2000, and a Master of Laws (LLM), in Alternative Dispute Resolution from Osgoode Law School in June 2016. Brad is a regularly invited presenter in negotiation and mediation at the University of Calgary’s Faculty of Law, and the Legal Education Society of Alberta, and the Canadian Bar Association.  He was a sessional instructor in negotiation at the University of Calgary Faculty of Law from 2017 to 2020. He has been appointed as a Dispute Resolution Officer at the Court of King’s Bench (Calgary).

Brad has a long history of volunteering and has served on several boards and organizations including:

  • Chair of the Association of Collaborative Lawyers
  • Chair of the Distress Centre Calgary
  • Board Member of the Veterans Transition Network.
  • Chair, Canadian Bar Association – Family Law South Subsection
  • Member of the Judicial Advisory Committee on Improving Family Law Court Processes

Brad contributes within the Family law profession as member of the CBA Family Law Sub Section, and as a Board Member of the Alberta Family Mediation Society. He was recognized by his peers in 2022 as Best Lawyers – Lawyer of the Year in Family Law Mediation (Calgary).

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Elder Mediation Training Course – Part One with Judy M. Beranger

A 20-hour asynchronous training package approved by both Family Mediation Canada (FMC) and the Elder Mediation International Network (EMIN) 

What Is Elder Mediation?

What does that term really mean, and does it have a legitimate claim on impacting a reduction in the incidence of elder abuse and neglect? Elder Mediation is a process in which a professionally trained Elder Mediator utilizes a “mediation process model” to address issues and concerns involving an older adult. In some cases, an older adult who is vulnerable may be at the heart of the mediation but in other cases the mediation might be called to reduce or prevent vulnerability of the older person.

Elder Mediation is based on a wellness model that promotes a person-centred approach for all participants; it is mindful of the older person(s) while respecting the rights of each person participating. Regardless of the numbers present, each person is unique with his or her own narrative, intrinsic value, strengths, and weaknesses. Through the Elder Mediation lens, aging is viewed as part of a continuing process of development and change, rather than just a period of physical and cognitive decline.

What to expect in the course…

This Elder Mediation Training is a specialized course with 20-hours of training that includes, lectures, interviews, activities, role plays, video demonstrations and readings. Utilizing a person-centered and trauma informed model, the course will share with participants many of the skills, knowledge and competencies required to be an effective Elder Mediator. Upon completion of the 20 hours a complementary coaching session with the presenter is being offered.

Note: The current offering is Part One of a 40-hour course – the balance of the training will be released in early 2023.

Topics will include:

  • Impact of Ageism in all its forms; “isms” generally
  • Cultural diversity & building cultural awareness
  • Recognizing & responding to elder abuse & neglect
  • Screening – indicators, signs and symptoms
  • Safety planning & referral sources
  • Ongoing Balance of Power,
  • Building/maintaining trust
  • Addressing subtleties of control; inclusive language
  • Ethics and ethical issues weaved throughout
  • Elder Mediation practice guidelines
  • Elder Mediator competency & basic understanding of brain health
  • Impact of trauma and high conflict personality types

Who should attend:

Those wishing to learn about Elder Mediation, wills and estate mediators; psychologists, physicians, nurses and other health care professionals, social workers, lawyers practicing in the area of elder law, wills, estates and trusts. This training may also be of interest to other professions who are interested in mediation generally and in working with age related matters.

More information and Registration
FMC has embarked on a mentorship program. We are now seeking experienced, advanced, certified mediators who will work part-time to act as mentors for FMC Certification candidates.
More info about our Mentorship program here
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