Category: Law Legal Information

A family mediation lawyer is a family lawyer that focuses on settling family law matters through negotiation, mediation, arbitration or collaborative family law. They can be your advocates during mediation and settlement talks, or they can be actual mediators who will assist you and your spouse reach a settlement in your family law matter. These lawyers avoid courts and litigation.

Let’s look at family mediation lawyers’ types, qualifications, tasks, strategies and goals.

Family Mediation Lawyer Types

There are two types of family mediation lawyers:

1. Family Law Mediation Lawyers that advocate and attend mediation and other settlement talks for each of the parties; and
2. Family Law Mediators who do not advocate for either party but try to get the parties to settle through compromise.

Family Law Mediation Lawyers

Family law mediation lawyers who are ‘advocates’ for each party are usually general family lawyers who choose to settle cases instead of litigating

This Good Divorce Week Resolution held a roundtable discussion with MPs in parliament to highlight the extent of delays in the family courts and the impact on families within the backlogged system.

They’re rightfully calling for advice and information on family matters to be universally available so that families are aware there are multiple out of court routes to divorce available to them.

Wherever possible, our aim is to help clients avoid court altogether by using Alternative Dispute Resolution (ADR) such as solicitor negotiation, mediation, collaborative law, or arbitration.

In the right circumstances these approaches can help families to resolve issues and reach agreements amicably and without family court intervention.

What is an out of court divorce?

‘Out of court’ divorces are those where couples negotiate the terms of the divorce without court proceedings.

There are several options available for divorcing couples who wish to achieve an out of court

Clients are often confused about the terms “guardianship”, “custody”, and “parenting time”. There are different terms used for parenting arrangements, depending on which legislation is applicable.

In Canada, the federal Divorce Act and the provincial Family Law Act use different terminology regarding parenting arrangements. In addition, the Divorce Act only applies to people who are married.

The Family Law Act applies to common-law spouses and married couples. In situations where both the Divorce Act and the Family Law Act are applicable, the Divorce Act is generally used due to the principle of paramountcy (which means that where there is an inconsistency between federal and provincial laws, the federal law will take effect).

The Divorce Act

The Divorce Act previously used the terms “custody” and “access”. The Divorce Act has been amended so that the terms “custody” and “access” are no longer used.

The term “custody” relates to the idea of

The number of unrepresented litigants is rising. Judge of the Supreme Court of Canada Richard Wagner recently told a group of students that approximately 25% to 30% of those applying for admission to the Supreme Court of Canada are unrepresented and can’t afford a family lawyer.

Self-Represented Litigants: The New Normal

Unrepresented litigants are becoming more common, as people often can’t afford a family lawyer. In lower courts or administrative tribunals, it is common for litigants to be self-represented. For example, people often do not have lawyers for landlord tenancy disputes. Often lower courts are designed so lawyers are not necessary.

For example, the BC Provincial Court system for family law matters and small claims is intended to be user-friendly so that people do not need to hire lawyers.

Similarly, the Civil Resolution Tribunal (“CRT”) is an online process designed to be used without lawyers. The CRT can deal with