Mediation is more cost-efficient and quicker than going to court

By LegalMatters Staff • It is no secret that courts across Canada are grappling to deal with increasing caseloads. In Alberta, the Court of King’s Bench has implemented four mandatory pre-court requirements to speed up the pace of justice.

Initially, these will only apply in Edmonton and Calgary but they will expand across the province over time.

The mandatory pre-court requirements are:

• completion of the online Parenting After Separation Course (if applicable);
• meeting with a family court counsellor (for self-represented parties with dependent children);
• providing financial disclosure; and
• participation in an alternative dispute resolution process.

Edmonton family lawyer Sean Schaefer says his firm’s mediation service allows people to complete the fourth requirement.

“Since the stress of going to court can be overwhelming, many people find mediation the preferred alternative,” he says. “It is a voluntary process that is typically quicker than going to court and it allows participants to have much more control over the process and the result.”

Schaefer describes mediation as a “cooperative exercise” that requires all parties to act in good faith.

“That limits the level of animosity between parties and often allows for a solution to be found faster and for a lower cost when compared to the expense of court proceedings,” he says.

Schaefer says people can choose whether they want to retain a lawyer to accompany them in mediation.

“Some clients want to consult with a lawyer before talks begin to give them some preliminary information in advance,” he says. “Another option is to retain a lawyer whom you can discuss matters with outside the mediation process.”

According to the province, each year, the Court of King’s Bench adjudicates about 60,000 new civil and family matters, 9,000 divorce judgments and 350 civil and family trials. At the same time, the Alberta Court of Justice hears about 17,000 family and child protection cases annually.