Law Times

Law Times • June 20, 2011 FOCUS Information, mediation programs set to expand BY ROBERT TODD Law Times have greater access to mediation services and a highly praised informa- tion program. Th e province plans F to expand its manda- tory information pro- gram, which began as a pilot project in Bramp- ton and Milton, Ont., to all family court sites this summer. Th e program off ers more upfront information to families on pos- sible courses of action for their matters in the justice system and provides essen- tial details on how children are aff ected when their parents split up. Similarly, the Ministry of the Attor- ney General plans to expand its family mediation services program to all courts in the coming months. Th at program has gained praise for helping speedily resolve issues related to custody, access, child and spousal support, possession of matrimonial homes, and the equaliza- tion of net family property. Attorney General Chris Bentley tells Law Times the programs are in line with his strategy for family justice reform, which includes the provision of more upfront information and greater access to legal advice and ways to resolve dis- putes outside the courtroom. "It really was about making these very diffi cult and emotional disputes easier, faster, less confrontational to re- solve," says Bentley. "One of the pillars [of reform] was giving families access to more mediation services that they could use if they wish to resolve disputes ei- ther before they became court actions or early on in the court process. It takes the confrontation out. It's always better for kids and saves time and money." Bentley notes the province began by introducing the mediation services pro- gram in the unifi ed family courts and is now continuing and enhancing those eff orts at other sites. In addition, the ser- vices will be available both on-site and off -site at the non-unifi ed courts. "One of the reasons we're doing this is it's been so successful," says Bentley. "We have almost a 95-per-cent rate of satisfaction with the service, and over 80 per cent — this is the most impor- tant stat — of the disputes are actually resolved. Th at is huge. So why not make this available?" Bentley adds that the expansion of the services is on track and he expects to meet the target dates this summer. Meanwhile, he also sees great poten- tial for the further expansion of media- tion within the family law realm. 'It's not everything but it's an awful lot more than there was,' says Cathryn Paul. amily law liti- gants across the province will soon "Just about every- body agrees it's an extremely important and so far underuti- lized tool," he says. "So we're making it available to all. I think the more people see that it works, the more people will want to use it. And I suspect we'll be using it more and more to resolve disputes in family law in the future." Th at's got to be mu- sic to the ears of Cath- ryn Paul, a family law lawyer and me- diator with Oakville Mediation. She has presented at the mandatory information program in Milton and says it has prov- en extremely helpful. "Th e people who have attended were generally quite happy to have the infor- mation," she says. "Obviously, you have a few people attend because they have to, and that they'd really rather be some- where else. But in terms of opening peo- ple's eyes early in the process to some of these issues that they may not be aware of, it's been really valuable and hopefully will shorten the litigation cycle." Paul suggests the primary benefi t of the sessions has been to refocus the is- sues onto the best interests of the chil- dren involved in the dispute. Th at can be a vital shift for litigants who may be overemphasizing their interests and the alleged misbehaviour of their spouse, she says. Paul also participated in the Milton courthouse family mediation services pilot project. Th at eff ort, she says, has proven worthwhile for litigants who are eager to fi nd a way to resolve their matter but don't know how to go about making it happen or don't have the funds to do it privately. She notes that at least one party must pass an eligibility test for le- gal aid in order for the family to access the program. Still, Paul receives only about two hours to assist a family through the pro- gram. But that can often be enough to help the parties resolve at least a few is- sues and thereby start to diff use fl ash- points and move the case forward in a more constructive manner. "It's not everything but it's an awful lot more than there was," she says, add- ing that the proposed off -site programs will likely provide more time for media- tors to help families with their disputes. Meanwhile, the attorney general sug- gests family law litigants will embrace the new programs with open arms. "It's just going to save families a lot of time, a lot of stress, and a lot of mon- ey," says Bentley. "It really is a matter of making it easier, faster, less confronta- tional, cheaper for people." PAGE 13 STAY UP TO DATE ON THE LATEST FAMILY LAW LEGISLATION NEW EDITION CONSOLIDATED ONTARIO FAMILY LAW STATUTES AND REGULATIONS 2011 CONSULTING EDITOR: BRAHM D. SIEGEL Access the most up-to-date information on the latest developments in family law with Consolidated Ontario Family Law Statutes and Regulations 2011. You'll get all of the current legislation and regulations in one reliable resource. NEW IN THIS EDITION • Child and Family Services Act, amended by the Full Day Early Learning Statute Law Amendment Act, 2010, S.O. 2010, c. 10, s. 23, and by the Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15, s. 217 [not in force] • Open for Business Act, 2010, S.O. 2010, c. 16, amended by the Change of Name Act and the Family Responsibility and Support Arrears Enforcement Act, 1996, and repealed the Creditors' Relief Act You also have access to other important amendments to the Central Registry of Divorce Proceedings Fee Order, the Family Orders and Agreements Enforcement Assistance Act, the General Regulation (under the Family Responsibility and Support Arrears Enforcement Act, 1996), the Marriage Act, the Succession Law Reform Act, the Pensions Benefits Act, and the Rules of Civil Procedure (and Forms). ORDER # 983544-62369 $92 Softcover 1100 pages July 2011 Annual volumes supplied on standing order subscription 978-0-7798-3544-7 Shipping and handling are extra. 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