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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.

Proposal: Introduce a mandatory "meet and confer" requirement
Court Procedure - Aug 20, 2021

93% in favour out of 58 votes

Ken Proudman - view Arbitrator profile
BARR LLP (Alberta. Joined 2017)

One of the justifications for Docket is that each side often fails to communicate prior to court. In many US States they compel settlement meetings, at the outset and/or before each court application. There would be additional rules to address family violence.

From Thomson Reuters: "In many courts, the parties must meet at the outset of a case to discuss various matters, including: a) The nature and basis of the parties' claims and defenses; b) The possibility of settling or resolving the case; and c) Discovery issues, including:
the preservation of discoverable information; and
a discovery plan. A meet and confer often saves the parties time and money by resolving issues, including how they will conduct discovery, early in the case. Most courts also require parties to meet and confer before making discovery and other motions in an attempt for parties to resolve their disputes without the need for judicial intervention."

0 4 months ago

Doug Moe Q.C. - view Arbitrator profile
Moe Hannah LLP (Alberta. Joined 2017)

This happens in Winnipeg and was going on there as far back as 1997, the idea has been suggested to our courts both as part of my work as the CBA rep on an Alberta Justice committee and when we proposed the DRO project over 20 years ago.

This idea of front end loading the system is a really, really, really good idea. Not sure why there is no uptake on it.

1 51 days ago

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