News Board & Opportunities
ADR News Archive - 2009
Submission to Attorney General Chris Bentley - CREATING A FAMILY LAW PROCESS THAT WORKS
November 22, 2009 -
SUMMARY OF INTERIM RECOMMENDATIONS:
CREATING A FAMILY LAW PROCESS THAT WORKS
HOME COURT ADVANTAGE SUMMIT
Co-Hosts: OBA, ADRIO and OAFM
Supporting Organizations: OCLF and AFCC-O
November 22-23, 2009
The Family Law system needs significant structural change to strengthen the process so that couples resolving family issues can do so with greater efficiency, at less cost and in a non-adversarial manner. Ontario families deserve a paradigm shift in family law and equitable access to services. The interconnected pillars of change are:
1. Providing early information for separating spouses and children
2. Assessing parties and directing them to appropriate and proportional services using a triage approach
3. Facilitating greater access to legal information, advice and alternative dispute resolution processes
4. Developing a streamlined and focused family court process.
Interim recommendations under each pillar arising from the consensus achieved at the Summit are as follows:
Pillar 1: Providing early information for separating spouses and children
i) Awareness campaign, through enhanced Ministry website, brochures, advertisements and Help Lines, to provide legal and process information regarding separation and increase the public’s knowledge of services available.
ii) Mandatory Family Information Sessions (FIS) on Separation and Dispute Resolution and on Parent Education offered in courthouse and community locations. To be implemented in all OCJ/SCJ co-located sites across the province beginning in 2010 and completed by 2011. FIS to be implemented in all remaining court locations by 2012.
iii) Appropriately resourced Family Law Information Centre (FLIC) to service every court house, with trained Court Registrars and counter staff to redirect people to FLIC.
Pillar 2: Assessing parties and directing them to appropriate and proportional services using a triage approach
i) Case Assessment Coordinator(s) (CAC) providing intake, screening and referral to potential litigants prior to commencement of action. To be appointed in all OCJ/SCJ co-located sites across the province beginning in 2010 and completed by 2011. CAC in all remaining sites by 2012.
ii) Provincial standards of practice, qualifications, description of role and responsibilities, and training established for CAC position to ensure effective triage.
iii) A provincial and local management structure established to effectively support the role of the CAC.
Pillar 3: Facilitating greater access to legal information, advice and alternative dispute resolution processes
i) Advice counsel, duty counsel and on-site mediation services provided at every courthouse.
ii) Rosters of qualified private mediators, collaborative lawyers, parenting coordinators and family arbitrators compiled and made available.
iii) Increased access to independent legal advice available through issuing of Legal Aid certificates prior to filing of application, facilitating access to certificates for ADR processes, adjusting the financial eligibility criteria and unbundling legal services.
Pillar 4: Developing a streamlined and focused family court process
i) Develop and implement court processes, and review and improve the Family Law Rules to simplify forms and streamline proceedings. This can be accomplished by reducing the number of court appearances and implementing cost consequences for abuse of court resources.
ii) Support appropriate case management to provide for case continuity of judges under the principle of “one family, one judge” with family law specialist judges assigned to remaining high conflict or complex cases.
iii) Provide a Support Recalculation Service to facilitate variation without use of court and judicial resources.
The following recommendations reflect the contribution of more than 120 judges, lawyers, mediators, mental health professionals and members of the public from various locations in Ontario. We were significantly aided by the excellent Summaries prepared by Professor Nick Bala and Phil Epstein as well as an additional submission by Alf Mamo. We consulted with several Summit participants on our drafts to ensure broad support for these recommendations.
OBJECTIVE:
The overall goal of these reforms is to create a paradigm shift in our approach to separating families. The shift is from a focus on court based resolutions to a more cooperative, interdisciplinary, forward looking approach that addresses the legal as well as the emotional needs of families facing this difficult life transition.
The reforms will provide families with early access to the information and resources they need to work out a safe and preferably non- adversarial resolution to their separation issues. Cooperative resolutions are encouraged where appropriate, with litigation being the default for high conflict couples. These reforms are also intended to result in a more efficient family justice system, and better use of public and private resources.
There was a broad consensus that there needs to be far greater public awareness of alternatives using advertising that emphasizes the AG’s support for families using cooperative approaches rather than litigation to resolve family matters.
Annual ADR Conference, Gatineau, Quebec, October 22 - 23, 2009
October 22, 2009 -
Register by September 28 for 10% savings for:
"Full Spectrum ADR: From Local Workplace to International Marketplace!"
Peel Family Mediation Services Symposium: Enriching Collaborative Service to Families in Conflict
September 16, 2009 -
Key Note Speaker
The Honorable Mr. Justice Harvey Brownstone
Author of “Tug of War"
Books will be available for purchase
at this Fund Raising Event for Peel Family Mediation Services
Panelists & Presenters
· Best Practices - Ontario Court of Justice & AFCC Perspectives on Navigating Access to Family Law, Patti Cross: Ontario Court of Justice/Association of Family Conciliatory Courts, Ontario Chapter
· The Power of Responsive Parenting, Mark Mingail: Peel Children’s Centre
· Parent Co-ordination: An Intervention Tool for Mediation, Jacqueline Vanbetlehem: Mediator, Family Therapist
· Training that Optimizes support to those Caught in the Crossfire, Howard Hurwitz: Jewish Family & Child Service
· Understanding the Issues Facing South Asian families dealing with Conflict, Baldev Mutta: Punjabi Community Health Services
· Advantages to working Collaboratively in Family Law, Christine Torry: Family Law Lawyer, Chair Peel Family Mediation Services
Meeting Room Rental Notice
June 19, 2009 -
The ADR Institute of Ontario is pleased to announce that our Mediation Room is now available for rent to our membership.
Our simple and elegant room is ideal for two-party mediations - accommodates up to 8 people. The moveable tables and chairs allow for easy reconfiguration of the space. The adjoining breakout room is included with your rental. It holds 4 comfortably around a 42” table.
Attached, please find a pdf document with a complete description and information about the space and the rental form/ agreement.
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