Alternative Dispute Resolution in Family Law

At the end of 2023, the Alberta trial Courts, that being the Alberta Court of Justice and the Alberta Court of King’s Bench, brought in mandatory requirements that parties complete Alternative Dispute Resolution (ADR) prior to bringing an application or claim before the family court. The Courts’ intention as we understand it, was to attempt to force resolution outside of the courtroom – thereby decreasing the backlog of trials which has continued to build since the Courts shut down in 2020 due to the Covid Pandemic. 

This new mandate appears to be a positive step, forcing parties to openly communicate their positions and negotiate a resolution prior to commencing the litigation process. The Alberta Courts will now only schedule a matter down for litigation after the parties first attend court assisted mediation services, private mediation, or a private settlement meeting.

There is no doubt that ADR is a powerful tool that should be implemented whenever possible. There is great value in taking an early look at settlement, instead of resolving on the courthouse steps or litigating. Private mediation, arbitration, court-based mediation, cost-based settlement incentives, case management regimes, judicial dispute resolution initiatives, and pre-trial conferences have all become tools used in our justice system that either directly or indirectly, encourage resolution outside of the traditional court trial process.

ADR methods, such as mediation and arbitration, offer several advantages over traditional litigation:

Cost-Effectiveness:

ADR is often more affordable than litigation. It typically involves fewer legal fees, as the process is generally quicker and less formal. Parties in dispute can save significantly on lawyer fees, court costs, and other related expenses.

Time Efficiency:

ADR processes are typically faster than litigation. Court proceedings can be drawn out over months or even years due to scheduling conflicts, backlog, and procedural complexities. In contrast, ADR allows parties to resolve their disputes efficiently, often in a matter of weeks or months.

Flexibility and Informality:

ADR procedures are more flexible and less formal than court proceedings. Parties have greater control over the process, including the choice of mediator or arbitrator, the timing and location of sessions, and the structure of discussions. This informality often leads to more creative and personalized solutions tailored to the parties' needs.

Confidentiality:

ADR offers a greater degree of confidentiality compared to litigation. Court proceedings are generally a matter of public record, whereas ADR sessions are private and confidential. This can be especially beneficial for parties seeking to protect sensitive information or maintain their privacy.

Preservation of Relationships:

ADR methods, particularly mediation, focus on collaborative problem-solving rather than adversarial litigation. Parties are encouraged to communicate openly and work together to find mutually acceptable solutions. This can help preserve family ties or other important connections that might otherwise be strained or severed through litigation.

Control over Outcome:

In ADR, parties have more control over the outcome of their dispute. Unlike litigation, where a judge or jury imposes a decision, ADR allows parties to actively participate in crafting a resolution that meets their needs and interests. This sense of ownership often leads to greater satisfaction with the outcome.

Potential for Creative Solutions:

ADR processes encourage creative thinking and exploration of non-traditional solutions. Parties are not bound by legal precedent or strict rules of evidence, allowing for more innovative approaches to problem-solving. This flexibility can result in outcomes that are more tailored to the unique circumstances of the dispute.

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At Stokes Law Mediation our team is well equipped to help clients resolve their legal matters through ADR mechanisms, whether that is through lawyer assisted mediation, 4-way settlement support, or arbitration. We also offer mediation coaching services to clients who would like to attend mediation alone but need help identifying their legal arguments and preparing their positions. 

Further, Jana de Waal, one of Stokes Law Mediation founding lawyers, offers mediation services for those seeking affordable ADR solutions. She mediates matters involving both self-represented litigants as well as lawyer assisted mediation. 

No matter what your ADR needs, Stokes Law Mediation has you covered. Reach out to us at info@stokeslawmediation.ca for more information.