As the COVID-19 pandemic makes it harder for couples seeking a divorce to appear before a court, some family lawyers in Ontario say there may be more incentive for people to turn to alternative methods such as mediation.
Court operations, including divorce and other family matters, were largely put on hold in mid-March, with only emergency cases being heard.
In Ottawa, a group of family lawyers launched the Virtual Family Law Project to help provide remote alternatives to the court system, such as mediation or arbitration by videoconference, during the health crisis. “But for very many people, the court system is overkill. And mediation, collaborative family law, arbitration on specific issues can be far more effective. But it takes one element, and that element is that the parties want to resolve these issues.”
Going to court can be more expensive than mediation, and more stressful, given that a decision is imposed rather than reaching a mutually acceptable agreement, she said. “But you also get these newfound, 'I didn't know that we would never get along until we were confined in this space,' so you get a mixture,” she said. “But I don't think these conditions are making it easier for anyone.”
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