A little-known relatively-new Family Law Rule offers litigants a great opportunity to save time and money.
Under Rule 17 (7.1), litigants will be able to skip a case conference if they have attended mediation and met the other requirements of the Rule.
Here is what you need to know!
- The parties will need to tried to resolve their issues with a mediator who provides court-connected mediation (or has equivalent credentials) or at a Legal Aid Settlement Conference;
- The mediator must meet with each party privately and confidentially, before mediating, to screen for power imbalances and family violence;
- All required financial disclosure has been provided;
- There are no outstanding motions and
- Each party has filed a form 17G.
Every family litigant should consider mediation for this reason alone. Even if they do not reach any agreements, they will be able to move directly to a settlement conference.
In Toronto, onsite mediation is free and can be scheduled with a mediator who is also a family lawyer. This is a good resource for disputes about disclosure, income determination, child or spousal support. Here is the website for further information.
If private mediation is preferred, Riverdale mediators all meet the Ministry requirements and also routinely screen for power imbalances.
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