Law Times

PAGE 12 FOCUS April 4, 2011 • lAw Times Family law reforms include new online services Ontario AG Chris Bentley heralds 'revolutionary change in many courts' BY JUDY VAN RHIJN For Law Times M oving forward with plans to bring re- form to the family law system, the Ministry of the Attorney General is expanding mandatory information ses- sions and on-site mediation to all 49 courts. Attorney General Chris Bentley calls the reforms the most significant change since the introduction of the unified courts. "It's almost a revolu- tionary change in many courts, led by the bar and judiciary and other professionals," he says. "We are moving. We are flying. The reforms will be in place in the unified courts by April 1 and in the rest of the courts by the summer. I'm looking forward to its implementation over the next few months." Bentley has often been quoted as saying he's in fa- vour of family law reform but has very little money to bring it about. In this case, the ministry will enter into contracts with independent service providers who suc- cessfully respond to the re- quests for proposals that went out last month. This round of reforms comes after consideration of the reports of five advisory groups that fleshed out the basic concepts first agreed on at the Home Court Ad- vantage conference in No- vember 2009. Mary Anne Harnick, executive director of the ADR Institute of On- tario Inc., says that watching the reform movement play out has been "unbelievable" and "a good news story." "We are so proud of our three members, Dr. Barbara Landau, Heather Swartz, and was needed. What was bril- liant was that they involved all the key organizations in a very inclusive initiative. They were able to present a united front to the attorney general saying these are the changes that should be made. They are not controversial. It was so well done and so well ad- vocated that they made it happen." Bentley hasn't implement- The reforms were to be in place in the unified courts by the beginning of April, says Chris Bentley. Joyce Young, who came to- gether several years ago to say that process reform was what ed every recommendation of the advisory groups but has moved forward on a good selection of them. "Let's cut to the chase," he says when asked about particular rec- ommendations. "There are lots of reports that are all very good recommending change. These measures contain the heart of the best advice I've had. I've listened closely and tried to pick the best ideas for a workable approach with broad ADR/MEDIATION TITLES i COMMERCIAL ARBITRATION IN CANADA: A GUIDE TO DOMESTIC AND INTERNATIONAL ARBITRATIONS J. Kenneth McEwan, Q.C. and Ludmila Barbara Herbst This resource addresses both the statutory and common law context within which international and domestic arbitrations are conducted. 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It offers quantitative solutions to managing workplace conflict through tools such as the Testing Instrument for Fairness Systems and Fairness Cost Analysis Tool that allow you to analyze your workplace and create a more effective workplace fairness system. support, recognizing that we don't have tons of money." Bentley points out that a lot of the recommendations over the last decade involved spending a lot of money. "I'm not going to say we'll do noth- ing because we don't have the money. I refuse to do that. I'm making it happen with full credit to the bench and bar. It's enormously exciting. We're in- troducing mediation all across the province. That opportunity has never existed before." Harnick is amazed that Bentley has been able to come up with the money to fund the reforms. "In 2009, he was pret- ty clear that there was no new money. It's really incredible that he's come up with the money to make this huge change in the whole family court system. It's a real game change." The government found the money internally, "between us and Legal Aid Ontario," Bent- ley explains. He refers to the $150 million given to LAO to spend over four years. "One of the priority areas for legal aid was to develop more services for family law. They are de- veloping six one-stop options which will give a combination of mediation, legal advice, and general assistance. At other lo- cations, there will be additional duty counsel, certificate law- yers, and support workers." Each court will have a Fam- ily Law Information Centre staffed by information and referral co-ordinators. The co- ordinators will provide an early assessment of clients' needs in order to expedite access to legal and non-legal community re- sources and identify high-risk or urgent cases that require im- mediate legal advice and judi- cial intervention. The service provider will also organize the delivery of a man- datory information program at no cost to clients on the im- pact of relationship breakdown on children and families, legal information, the court process, and alternative methods of dispute resolution. A standard script for one session of two to three hours will be available for presentation by a lawyer and a mental-health or social services professional. The script and resource materials reflecting lo- cal legal and non-legal support services for adults and children are to be provided to every per- son who attends. "The information and refer- canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. LT1206 CA130 ADR-CLB_LT_Apr4_11.indd 1 www.lawtimesnews.com 3/29/11 9:45:44 AM ral co-ordinators will be fund- ed internally using the people we already have and some ad- ditional people," Bentley says. "Funding will be provided by the ministry for the basic struc- ture of the mandatory infor- mation program, but it will be delivered by volunteers." There's also funding for other measures such as online services that are low cost but can have tremendous impact. LAO, for See Minister, page 13 a V i s i f t r o u b r m w e e b e s i D t e n c e o r

• Cover
• Helping Hands
• Handcuffed Courts
• Focus On ADR/Mediation