The Province of Alberta began a new decade with new Rules of Court. In the works for 10 years, the new Rules made their debut in 2010.
One of the most significant changes in the new Rules is the requirement for persons engaged in a civil (as opposed to criminal) legal action in the Court of King’s Bench to make an effort to settle their disagreement. This is mandatory: litigants must try to resolve their cases using certain court-approved dispute resolution processes before they will be allowed to obtain a trial date. And, it is up to the parties to begin this process. Only in certain rare circumstances, and by order of a judge, will this requirement be waived.
There are several options that litigants may choose. They may:
- Hire a private mediator;
- Request a mediation by a Court of King’s Bench judge; or
- Use a mediator from the Roster Mediation Service, maintained by the Department of Justice.
In addition, there are programs that are available specifically for some family law disputes. Family Mediation Services can assist in resolving issues such as child and/or spousal support, communication issues, and minor issues about the division of property. If a participant’s gross annual income is below $40,000, and he or she has children under the age of 18, this service may be free of charge. In Calgary, the Dispute Resolution Officer Project (DRO) is mandatory for parties asking for interim child support or to change an existing child support order. In Edmonton, the Child Support Resolution Project (CSR) is mandatory for persons who are representing themselves in court and are asking for interim child support under the Divorce Act, or to change an existing child support order.
The Court of King’s Bench of Alberta is working on other options for court-assisted dispute resolution, so other programs may be available in the near future. But for now, parties in a civil law case that are represented by a lawyer should discuss the pros and cons of these different options with their counsel and decide about the best way to proceed.
Persons who are representing themselves might like to obtain a copy of a brochure produced by the Legal Resource Centre entitled: Dispute Resolution: You Must Try to Work It Out!