While the debate over whether to make mediation mandatory in family law matters continues, Legal Aid Ontario has come up with a project that may provide a significant incentive for litigants to try alternative dispute resolution.
Last week, LAO announced a pilot project to support family litigants who choose mediation. If they qualify, they’ll get up to six hours with a lawyer who can help them with the mediation process. Services include advice about the process, assistance in preparing for mediation, and guidance to better understand their options. In addition, litigants can get help in obtaining a court order or a binding agreement to enforce the terms of the mediation agreement. The pilot will run at 14 courthouse locations across Ontario.
The pilot isn’t a solution to the growing numbers of self-represented litigants but it’s certainly helpful. Ideally, it will complement the family mediation services already provided at Ontario courthouses. With the province pushing mediation as an alternative to costly court battles, the extra assistance is welcome.
Financial eligibility, of course, is always a question, but in this case LAO has applied its somewhat more generous income thresholds for duty counsel assistance rather than for a certificate. They range from about $18,000 for single people to $43,000 for larger families. Nevertheless, the pilot doesn’t take away from the need to provide more funding for full legal representation in family law matters whether people choose to go to court or not.
But the pilot is certainly making good use of the $30 million the province has allocated to LAO over four years. LAO has found a good way to direct its limited resources towards advancing family mediation. If the pilot is a success, it should continue.
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Glenn Kauth
