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Proposals - ADR

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: Where resources permit, courts should be able to order arbitration
ADR - Aug 15th

Ken Proudman of BARR LLP (Alberta)1 Comment

This would lessen the burden on the courts, and divert families to a process that's generally much faster (which can reduce long-term conflict), can result in better decisions as the decision-maker would be experienced in family law, in a process that can be customized for the circumstances, and is generally much less expensive than trial.

If there's a dispute about who the arbitrator is, I would expect that courts would be prone to select an arbitrator with family law experience and arbitration credentials. Biases could be brought to light by pointing to consistently-problematic online reviews.

In the very long-term, this might be where family law is heading anyways: regular meetings with an arbitrator or case worker rather than litigating in the courts.

44% in favour out of 18 votes

Proposal: Arbitration awards should be registrable with MEP
ADR - Aug 15th

Ken Proudman of BARR LLP (Alberta)0 Comments

Rather than having to convert the award into a court order first. If there's an issue with the award a person can still apply to the Court for an order staying the award or varying it.

82% in favour out of 22 votes

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