FAMILY DISPUTE RESOLUTION PROCESSES

In a March 31, 2020 Announcement, the Court encouraged counsel and the public to access alternative dispute resolution mechanisms, as a means of reducing delays and reducing the backlog in the Court after the restrictions on personal attendance in our courtrooms due to Covid-19 are relaxed: https://albertacourts.ca/qb/resources/announcements/alternative-dispute-resolution-consent-orders-and-applications-to-enforce-arbitration-awards

This announcement provides more information about the types of dispute resolution resources that are available in the Justice Ministry and in the community. As we move forward and current restrictions are relaxed, it remains important for family well-being and for the future of court operations, that counsel and the public undertake alternative dispute resolution mechanisms as a means of resolving family matters.

The Alberta Rules of Court were amended in March of 2020 to allow a Justice to direct by order that the parties participate in a dispute resolution process. In addition, for those matters that must go to trial, parties are not permitted to request a trial date unless they provide a certificate that they have participated in a dispute resolution process.

In a May 13, 2020 Announcement, the Court launched a Family Docket Court to manage family matters more efficiently and in a way that supports families. In Family Docket Court, parties will be encouraged to attempt alternative forms of dispute resolution if they have not already done so and if it is appropriate in the circumstances.

https://albertacourts.ca/qb/resources/announcements/launch-of-family-docket-court

There are a number of tools, processes and alternative dispute resolution organizations available to assist in family matters, some of which are listed below for your convenience:

Parenting Tools

There are many parenting apps that can be used to assist parents to resolve disputes and improve communication. Two of those platforms are listed below.

coParenter – a tool to empower families to resolve their own parenting issues. The platform includes online mediation and coaching, coronavirus-related safety plans, parenting plans, holiday and vacation schedules, agreements, education and support. For a period of 60 days during the pandemic, this tool is being made available to Alberta families at no cost. For more information go to https://rfjslab.wordpress.com/2020/05/15/coparenter-is-providing-a-free-60-day-licence-for-alberta-families/#more-925 . Families can register online and begin to use the coParenter tools by clicking on this link: ­­­­­­­­­­­­­­ https://coparenter.page.link/1dY6

Our Family Wizard – tools to manage schedules, track expenses, share files and communication are contained within this app, so parents can solve parenting challenges faster and without confusion: www.ourfamilywizard.ca/

Mediation

Mediation is a family-centered conflict resolution process in which an impartial third party (the mediator) helps the participants negotiate a consensual, informed and fair agreement. Mediators can be found through the organizations listed below.

Alberta Justice, Resolution Services, Family Mediation – a voluntary service to help parents and families resolve issues that affect their children. To qualify for this service, one of the parties must have a gross income of less than $60,000 per year, both parties must agree to participate, and there must be at least one dependent child who is either under 18, or over 18 and eligible for continued child support: https://www.alberta.ca/family-mediation.aspx

Alberta Family Mediation Society (AFMS) – a professional association of family mediators and parenting coordinators in Alberta: https://afms.ca/

Alternative Dispute Resolution Institute of Alberta (ADRIA) – a professional association of mediators, arbitrators and other ADR practitioners in Alberta: https://www.adralberta.com/

Other Alberta Justice Programs for Dispute Resolution

Alberta Justice, Resolution Services King’s Bench Child Support Resolution Program (KBCSRP) (Calgary and Edmonton) – The KBCSRP program is available to all parties in Calgary and Edmonton who have a child support dispute in the Court of King’s Bench. Parties may be directed from Family Docket Court to KBSCRP, or they may attend at KBSCRP prior to attending at Family Docket Court on a voluntary basis. The KBCSRP Officer will assist the parties to reach an agreement and may give further directions regarding financial disclosure. At the conclusion of the meeting the Officer will provide a Report for the court file and if the parties have settled in whole or part, or agreed to an adjournment, may draft a Consent Order for the parties to sign. If the parties have not settled, the Officer will provide recommendations for other resources and may direct the parties back to Family Docket Court for assessment and next steps.

Collaborative Family Professionals

Collaborative practice is a process that enables separating or divorcing spouses to create their own divorce (or separation) agreement with the support of specially trained professionals. It allows parties to resolve disputes without resort to a third-party decision maker, and may include legal, mental health, financial and other experts as needed. In Alberta, there is a provincial organization: Collaborative Divorce Alberta Association https://collaborativepractice.ca/ and six regional associations of collaborative divorce professionals:

• Association of Collaborative Family Professionals of Edmonton (ACFPE) which includes members from northern Alberta: https://collaborativepractice.ca/; https://divorceseparation.ca/
• Association of Collaborative Lawyers of Central Alberta (ACLCA): https://collaborativepractice.ca/;
• Association of Collaborative Professionals of Calgary (ACPC): https://collaborativepractice.ca/;
• Association of Collaborative Professionals of Lethbridge: https://collaborativepractice.ca/; https://www.bridgecollab.com/about.html;
• Association of Collaborative Professionals of North East Alberta: https://collaborativepractice.ca/;
• Association of Collaborative Professionals of Medicine Hat: https://collaborativepractice.ca/

A “Find a Professional” link at the top of the Collaborative Divorce Association of Alberta home page, allows a search for professionals by region.

Parenting Coordination and Parenting Experts

The role of a Registered Parenting Coordinator and Arbitrator (RPCA) is to help with communication and cooperation between parents for the purpose of effectively co-parenting their children. A parenting expert is a member of a regulated profession that recognizes for the purposes of registration a combination of education, training, experience, and continuous learning.

Alberta Family Mediation Society (AFMS) – a professional association of family mediators and parenting coordinators in Alberta: https://afms.ca/

AFCC (Association of Family and Conciliation Courts) Alberta Chapter https://www.afccalberta.org/referral-list

Arbitration

Arbitrators are independent decision-makers, appointed by contract to settle a dispute. You can find an arbitrator for family matters at the websites listed below.

Alternative Dispute Resolution Institute of Alberta (ADRIA) – a professional association of mediators, arbitrators and other ADR practitioners in Alberta: https://www.adralberta.com/

FamilyCounsel.ca is an online community for Alberta family lawyers, which includes a link to family law arbitrators, mediators and other family law related experts: https://familycounsel.ca/experts.php

Note: The Court of King's Bench does not endorse nor take responsibility for the services listed and is providing this list to the public only for information purposes.