Need a decision, but clients don't have the resources or time to wait for a trial? Consider Family Law Arbitration (website with advantages, FAQs, Directory, and Calendar) Phone and video arbitration available
There has been a discussion board on this website discussing Family Docket Court. Several lawyers have graciously published information that they've received from the courthouse, that has been very informative. See: https://familycounsel.ca/chat.php?id=2052
Tina Huizinga was able to set up a time to speak to Pam Jonas, the Clerk Supervisor for Edmonton QB Family. Tina was kind enough to permit me to re-post what she learned (thank you Tina!), being:
All matters except the desk process gets spoken to in docket to schedule;
Requests to schedule docket are planned to be processed same date, but ensure the subject line says that it’s a docket request. Even though it says they can be filed in person, don’t. Send by email.
Simple written do not require the consent of the other side – give at least 3 days for this to be filed;
Complex written do require the request of the other side (plus the consent order for deadlines etc.);
Consent orders are currently taking about 2 weeks to process. If it has been more than 2 weeks, you can contact her to look into what happened;
Generally other filing for emergency hearings are taking about 1-2 days. Once it is filed it is sent back by email immediately. If it is an urgent hearing and more than 2 days have passed (full working days), you can contact Pam to inquire;
Divorces are still supposed to be 6-8 weeks. If it has been 10 weeks, you can check with divorce, but not before that.
Ken, having your website referred to by the Court is a big deal. Congratulations. It should be referenced. Rule 4.16 means ADR but not arbitration as the Court still can't delegate it's decision making authority. Agreements or contracts or legislation is the basis of arbitration, any Court Order to arbitrate must be because one of those exists. Hopefully no one will read the rule and make an application to compel arbitration without that. I know it sounds condescending to say that to lawyers, but if you hang around in this business long enough you see all kinds of unimaginable things.
I definitely agree, the court can't order arbitration. Hopefully they when they tell people that they're goign to be directed to ADR they're given the option to choose arbitration though, and they realize that arbitration would likely be less costly than ADR plus court.
Has anyone heard what the procedure is for without notice applications? I spoke with the QB clerks this morning and they indicated that all without notice applications need to go through provincial court which doesn't make much sense.