Feb. 18, 2019-Myths v. Facts #10 & #11

10. Myth: Alternative Dispute Resolution proposals can solve the current litigation issues.

Facts:

I. The types of families who would benefit from ADR are doing so today, with broadly-based resources. The types of families who are litigating are not amenable to the influence of a mediator or not eligible due to power imbalances.

11. Myth: The massive cost of the current system (Courts, administration, mediators, Judges, lawyers, therapists and disruption to parents during the litigation process).is justified in terms of the need for customized solutions for each family and no “principles or presumptions” to guide the process.

Facts:

I. The current system is built to foster litigation for those couples unable to successfully restructure on their own. The current system, even supplemented with a long list of criteria for Courts to consider, provides too broad a range of discretion for actual.

II. There is no evidence that the supposed aspirational goals of a customized solution justify the immense cost and damage due to the conflict.

III. Post-separation experience in Scandinavian countries and other jurisdictions where equal parenting applies provides a model for better outcomes for children.

Submission to the House of Commons Standing Committee on Justice and Human Rights on Bill C-78 by the Canadian Association for Equality and Brian Ludmer, B.Comm, LLB. – Myths and Facts Concerning a Rebuttable Presumption of Equal Shared Parenting, 27 November 2018

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