Law Times

lAw Times • April 4, 2011 FOCUS PAGE 13 Minister leery of mandatory mediation Continued from page 12 example, has launched a fam- ily law information program developed in consultation with the advisory group on informa- tion services. Written in plain English and French, it cov- ers all matters aff ecting family breakdown as well as diff erent options for resolving cases, help for domestic violence, and child-protection information with a toll-free number to assist with queries. For her part, Young is im- pressed with the eff orts. "Th ey've done a fantastic job and have the consensus of the bar and the bench, which is no mean feat," she says. Young believes the online service will be of great assistance to those who don't have ready access to the courts. "I expect it will be very similar to what is covered in the live family law program. Where distance is a real issue and people want to get on with their matters, I'm sure the local rules committee can make adjustments." In addition to the informa- tion services, there will be pub- licly funded mediation services at the courts as well as off -site. On-site mediators will have the same type of approach as they currently have in the unifi ed courts, which Bentley describes as helping whoever walks in as long as they have a court case at some point. Th e on-site media- tor will provide intake, screening, and mediation of narrow issues in appropriate circumstances. Once this is in place, the platform would exist to enable the introduction of mandatory mediation or even compulsory exposure to it in which every- one has to go and talk to the mediator to see if they want to participate. Bentley isn't jump- ing on that option, however. "Th e word mandatory quickly divides all those in favour of mediation between those who love it and those who don't," he notes. "Yet everyone is in fa- vour of more and better media- tion opportunities. Th at is the way we'll make progress. Th e challenge for the last decade has not been that people didn't agree that we needed change; they couldn't agree on what the changes should be. I say, what can we agree on? If we know that where we are is not where we want to be, how do we fi nd the ability to move in a way that benefi ts Ontarians? Any debate that uses up all our energy and time and leaves us exactly in the same place, I'll stay away from." The word mandatory quickly divides all those in favour of mediation between those who love it and those who don't. Bentley stresses that there's no legislative change on the horizon. "Process changes don't require legislative change. Th e next big opportunity, and I've spoken publicly about this, is the chance to review the rules. Th e rules support a system that is heavily court-based. If we change the focus to resolve matters early, before the court fi ght commences, the question for the rules com- mittee is whether the rules refl ect that upfront approach or a downstream, court-based confrontation." Finding & Managing Legal Information on the Internet David Whelan Become a more powerful online researcher with this helpful and practical guide In print and PDF format plus a related blog at http:/ /fli.canadalawbook.ca This is a practical guide for lawyers, judges, law librarians, law students and anyone else interested in finding information online faster and managing it better. Get tips that will help you find both law and related business information faster. This text will also help you stay on top of technological trends, monitor current awareness resources and organize your research for quick retrieval in the future. Learn more about: • Available in PDF format and/or print A networkable version is also available. Call for more information Order your copy today Perfectbound • 188 pp. • May 2010 • $32 P/C 0992010000 • ISBN 978-0-88804-506-5 Non networkable PDF download • $32 P/C 0992010001 • ISBN 978-0-88804-507-2 Networkable PDF download • $128 P/C 0992010002 • ISBN 978-0-88804-507-2 Get guidance from an expert The author, David Whelan is the Manager of Legal Information at The Law Society of Upper Canada. He has spent his career working with information and technology. Learn to manoeuvre through online content faster and manage it better with this practical guide. legal information sources • browser extensions, free add-ons and plug-ins • staying on top of changing information with RSS and other tools • research organization and retrieval • mobile legal research …and much more! 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. LT1129 EVIDENCE IN FAMILY LAW Editor-in-Chief: Harold Niman Associate Editor: Anita Volikis a team of prestigious practitioners, academics and accountants as contributors THE FIRST BOOK TO PROVIDE CLARITY IN THIS COMPLEX AREA OF LAW Find out from leading practitioners, academics and accountants how to best obtain, preserve and present evidence with Evidence in Family Law. This resource is structured to follow the evolution of a family law case through trial and appeal. It also examines specialized areas of family law looking at how to establish the proper evidentiary framework. • • • • • • • Looseleaf • $198 • Subscription updates invoiced as issued (1/yr) P/C 0243030000 • ISSN 1920-9258 Prices subject to change without notice, to applicable taxes and shipping & handling. • • • Topics include: • The Provincial Evidence Acts – Aaron Franks The Family Law Rules – Electronic Discovery – Melanie Kraft Children's Evidence – Alfred A. Mamo & Joanna E. R. Harris Expert Evidence, Assessments and Judicial Notice: Understanding the Family Context – Nicholas Bala Forensic Evidence: How to Obtain and Present It – Andrew Freedman & Alison Thomas Family Law Trials – Debbie Mackenzie, Gerald Sadvari & Stephen Grant Exclusionary Issues – George Karahotzitis, Patrick Schmidt & Joanna Harris • Hearsay and Exceptions to Hearsay Rule – Rollie Thompson Fresh Evidence and Setting Aside Orders – Anita Volikis & Harold Niman Child Protection Proceedings – Donna Wowk & John Schuman Charter Litigation – Martha McCarthy & Heather Hansen Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation CANADA LAW BOOK® LT0207 www.lawtimesnews.com Daryl Gelgoot, Deborah Zemans & Erin Chaiton-Murray

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