What changes should be made to family law?
These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.
96% in favour out of 26 votes
Ken Proudman - view Arbitrator profile
BARR LLP (Alberta. Joined 2017)
It used to be that filing deadlines ran backwards from the special chambers hearing, rather than running from the triggering date when special chambers is booked. Back then, we were able to push clients to negotiate by pointing to all of the money that they'd have to spend on us if they didn't reach a resolution. Now litigants tend to be so focused on meeting deadlines and drafting that there seems to be less negotiation during the first couple of months, and then once there's some breathing room, they've spent so much on lawyers that they seem to be more likely to want to see the decision (a sunk costs fallacy).2 35 days ago
I understand the rationale of wanting all of the facts on the table so that lawyers can provide proper opinions to their clients, and wanting to decrease adjournments caused by late filing, but delaying the concise letter deadline, and calling them briefs again, would help to promote settlement by creating a cost which clients can avoid if they cooperate. It's also less costly to prepare the concise letter closer to the hearing, because it minimizes the number of times that we have to go through all of the materials and decisions.