Consideration for Counsel
Purpose and Context
Mediation, arbitration, and hybrid processes are now well-established alternatives to litigation in family law matters. Their effectiveness, however, depends less on abstract success rates and more on process design, suitability, and disciplined implementation.
Counsel increasingly seek neutrals who are not only credentialed, but capable of managing complexity, power imbalance, and emotional intensity while maintaining procedural fairness and enforceability. Ilana J. Miller’s practice is structured to meet those demands.
Professional Credentials and Practice Standards
Ilana J. Miller is a Chartered Mediator, Canada’s highest mediation designation, having met rigorous national standards including peer review, live simulation assessment, adherence to a professional code of conduct, and ongoing continuing education. She is also certified as an Arbitrator and Parenting Coordinator.
These credentials operate as a baseline. Effective outcomes depend on how they are applied within a disciplined, counsel-informed framework.
Factors That Influence Suitability and Outcomes
Counsel will appreciate that not all matters are appropriate for mediation or med-arb. Outcomes are shaped by several variables, including:
Voluntariness and informed consent Processes are more effective when parties understand the mandate and engage willingly.
Nature and complexity of the dispute Matters involving entrenched conflict, safety concerns, or jurisdictional complexity require enhanced structure and careful screening.
Emotional readiness and capacity Emotional regulation and timing materially affect durability of outcomes.
Process containment, clear scope, defined roles, and firm boundaries are essential, particularly in high-conflict cases.
These considerations are addressed during intake and screening prior to any substantive engagement.
Counsel Interface and Expectations
Ilana’s practice is counsel-informed, consent-based, and prescriptively structured.
No substantive engagement occurs prior to:
consultation with counsel,
intake and screening,
confirmation of mandate and scope.
There are no ex parte substantive communications.
Meetings are not recorded. Ilana retains sole responsibility for note-taking as part of her neutral function.
Referral Inquiries and Preliminary Discussions
Brief procedural consultations with counsel are welcomed to assess suitability, scope, and availability.
Helpful preliminary information includes:
the primary issues to be addressed (e.g., decision-making responsibility, parenting time, mobility, support),
the ages of the children,
anticipated timeframes,
and whether the matter involves discrete or multiple issues.
Fit and availability are addressed through a scheduled telephone discussion.
Closing Principle
This is an individual professional practice. Ilana’s name is on the work because she stands behind it—case by case, process by process. Counsel refer matters not to a brand, but to a neutral whose judgment, accountability, and restraint govern the process from intake to resolution.