Law Times

Page 12 June 17, 2013 Law Times • FOCUS Lawyers weigh in on family law task force BY JuDY VAN RHIJN For Law Times F amily lawyers in Ontario are reviewing the recommendations of the family justice working group released by the National Action Committee on Access to Justice in Civil and Family Matters in April. The report notes the untapped potential for nonadversarial values and consensual dispute resolution processes even in provinces that have instituted some reforms. Supporters of the recommendations believe there's still a lot of work to do. The report is the latest in a long line of studies on family law reform. It notes there's significant consensus as to what needs to change and calls for concrete action to implement the reforms. It echoes previous calls to entrench consensual dispute resolution firmly at the centre of the justice system via mandatory mechanisms and greater funding for and regulation of mediators. In its other recommendations, the group advocates for more education for law students, noting that over the last 20 years family law has lost its place in roles of paralegals, law students, articling students, and non-lawyer experts are also on the list of recommendations. Working group chairman Jerry McHale says the response to the working group's report has been very positive. He's looking forward to the commit- Knowing your rights and responsibilities is essential to resolving disputes and getting that upfront helps alleviate a lot of stress and anxiety. most Canadian law schools. It also calls for more professional development for lawyers in nontraditional approaches. There's a strong emphasis on the expansion of front-end services such as family law information centres, mandatory information sessions, and triage services. Increases in legal aid funding, encouragement of limited-scope retainers, and expansion of the tee's final report in the fall. "The plan is that the fifth report will serve to try and set out a framework for action. It will be a departure from the four task force reports which will continue to speak for themselves. It won't try to repeat or even summarize the reports except at a very high level." McHale expects the final report will set out the specific next steps. "It is a different picture in every province. Some provinces have implemented a number of reforms already. It's a matter of taking it to another level so that the services are pushed more deeply into the system. Ontario falls into that category." Many of the reforms would be possible through a unified family court model across Canada. "Many of the recommendations are really part of a full-bore unified family court," says McHale. "I'm sure all lawyers and judges who do family law would endorse this as the way to go." Shmuel Stern of Beard Winter LLP in Toronto supports many of the recommendations in the report but warns against confusing access to justice with access to the courts. "Ontario is one of the leading provinces in access to justice with its emphasis on mediation services, the family information sessions Sure, we could tell you that our client was awarded the largest personal injury judgment in Canadian history and that all our principal partners are past-presidents of the Ontario Trial Lawyers Association. We could also mention that our firm was voted top five in its field in Canada and that we have a five out of five preeminent peer review rating from Martindale-Hubbell. All those achievements and honours don't just happen. They're the result of the way we work and the way we care for our clients. Don't take our word for it... ask around. When you know someone with a personal injury case, call the lawyers that lawyers recommend most. Ask about our competitive referral fees. ™ A Noticeable Difference TORONTO I BARRIE I HAMILTON I 1-866-685-3311 I www.mcleishorlando.com Untitled-5 1 www.lawtimesnews.com 13-02-06 1:45 PM and triaging, case conferencing, and dispute resolution officers. In general, Ontario could focus more on the legal aid system. In a real sense, lawyers are the second respondents after family and counsellors. Knowing your rights and responsibilities is essential to resolving disputes and getting that upfront helps alleviate a lot of stress and anxiety." Toronto lawyer Pei-Shing Wang isn't so enthusiastic about Ontario's progress down the reform path advocated by the report. "This advocates a move towards consensual dispute resolution which is very far from what we have. The first thing everyone thinks is to go to court. That requires you to file all these documents and evidence which often airs the dirty laundry. That doesn't help anyone. The mandatory information program is, like the DRO, too late. People have already filed. This paper calls out for a frontend solution." Wang, in fact, isn't a fan of litigating family law matters. "They should be settled in most cases, but the current system does only minimal problem solving. Whatever we have is probably barely working." Wang cites the family law information centres as one effort that needs a lot of improvement. "It is a little desk at the courthouse that is not well staffed. Half the time, no one is there and it is not clear what it is about." Wang notes the law is already complex and the cost of legal services is high. "Most people won't be able to have what they want. Unrepresented people may hire someone to do the paperwork but they will not get a result tailored to the situation. In Ontario, we have a one-size-fitsall system that probably doesn't work in most cases." For this reason, Wang doesn't agree with mandatory mediation. "Once it's mandatory, it's one size fits all. Sometimes, mediation is not appropriate and can make things worse." Stern also believes Ontario needs to do more in the way of post-resolution support services. "There needs to be followup to see that what is agreed on is followed. One thing Ontario does not yet have that other provinces have is a child support recalculation service whereby parties recognize that support is an ongoing conversation. "A lot of the problem of clogging in the court system is people dealing with variations. The DRO is the front end of that in the court system, but a recalculation service deals with the matter yearly and automatically." Stern applauds Ontario's current focus on front-end mediation but warns against relying on it too much. "It should be part of the puzzle. The report is absolutely on the right track and Ontario is leading the way." LT

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