Introduction:
Shim Law is pleased to announce that their senior family law lawyer Peter Graburn has now expanded his family law practice to provide Mediation and Mediation/Arbitration services across Alberta. Peter now brings his over 35 years experience in high profile, high conflict, complex litigation to help clients resolve their family law disputes in a more private, confidential and cost-effective manner.
Resolving family law disputes is hard. Separation and divorce can often involve high emotions, financial stress, and lots of decisions about family property, debt, and financial support. The process(es) for resolving these disputes should not
make it harder.
Table of Contents
Alberta Court of King’s Bench
There are two (2) different Courts in Alberta which deal with resolving family law disputes. The Alberta Court of Justice (formerly the Provincial Court of Alberta) is a less formal Court that is often better for parties without lawyers (thought lawyers often appear there). The Alberta Court of King’s Bench (formerly the Alberta Court of Queen’s Bench) is a more formal Court where parties with lawyers more frequently appear. However, the formality of the Court of King’s Bench has long been viewed as one of the reasons for the high cost and long delay of resolving family law disputes in that Court. The Alberta Court of King’s has recognized this, and has recently introduced changes to its family law dispute resolution processes designed at improving access to justice and efficiency for Alberta families. There are basically three (3) phases in this new Court process:
Administrative Phase
Administrative Phase – previously, parties could get into Court without having filed any formal Court documents by simply attending Alberta Court of King’s Bench Family Docket Court (on very little notice or information to the other party). After December 2025, this will no longer be possible. Now, parties will have to complete certain Mandatory Pre-Court Requirements before meeting with a Justice (judge), including:
- Commencing a Court Action (ie. Statement of Claim for Divorce);
- Taking the Parenting after Separation (PAS) Course if they have children;
- Produce complete financial disclosure (including business expenses), and;
- Have attempted some sort of out-of-Court Alternative Dispute Resolution (ADR) process such as mediation with a Mediator or settlement meeting with lawyers.
A court Case Management Officer (CMO) will then determine whether sufficient materials have been provided to schedule a meeting with an Assigned Justice.
Case Management Phase
Case Management Phase – the first meeting with an Assigned Justice will be a brief (ie. 1-hour) triage assessment of the issues in dispute (ie. parenting and child support, spousal support, division of family property, etc.), any underlying impediments to resolution (ie. lack of financial disclosure, retroactive support, etc.) and the actual questions to be resolved between the parties based on basic, limited evidence and information. This Case Management Justice will direct the progress of the matter through Court, and can make Interim (temporary, not final) Orders, refer (very few) time-sensitive or complex issues to a fuller hearing, and prepare the matter for a Settlement Conference.
Settlement Phase
Settlement Phase – perhaps the biggest change in the new Alberta Court of King’s Bench Family Focused Protocol is the introduction of a mandatory (unless one party refuses to engage in the process) Settlement Conference with a different Justice than the assigned Case Management Justice. The Settlement Conference meeting will be 2-3 hours long (with an aim to resolve all issues in dispute) and be based on written and full documentary evidence (valuations, appraisals, PN7 or 8 Parenting Assessments, etc.). Of course, any agreements reached by the parties in the Settlement Conference would be fully binding on the parties as in the current Binding Judicial Dispute Resolution (BJDR) process.
It is anticipated by the Court that with these new process changes, family law matters should proceed to Trial within some 18-24 months. The principle of the Family Focused Protocol is to create a stable environment for the parties to resolve their family disputes, with an emphasis on early resolution and settlement, with trials as a last resort.
Mediation / Arbitration
So, is the new Alberta Court of King’s Bench Family Focused Protocol process the only way to resolve family law disputes on separation and divorce? – no. There are also out-of-court processes that can be used to resolve these disputes, such as
private Family Law Mediation / Arbitration. In a previous article (see: “What is Family Law Mediation and Arbitration?” :
we described and suggested these out-of-court processes may be the better way to resolve these disputes than the in-Court processes as they were:
- faster – matters can be resolved through Mediation / Arbitration is months (rather than years in Court);
- cheaper – the process and evidence needed in Mediation / Arbitration can be tailored to meet the particular nature of the issues(s) in dispute (as opposed to the “one process fits all’ approach in Court), and:
- better – one decision-maker throughout the process (rather than different Justices on different applications); than the old Court process.
Conclusion:
So, is the private, out-of-Court Mediation / Arbitration process still the better way to resolve family law disputes now that the Alberta Court of King’s Bench has introduced its Family Focused Protocol in order to ‘improve access to justice and efficiency for Alberta’ families. Hard to argue, but even the Court does not know the lead-times it will face in implanting this new Family Focused Protocol process.
A Note from Shim Law
Schedule a consultation with Peter Graburn, Certified Mediator and Senior Legal Counsel at Shim Law in Calgary. Drawing on more than 35 years of legal experience, Peter supports clients across Alberta in resolving disputes through a balanced, private, and results-focused mediation process.
Get in touch today to talk through your circumstances and determine whether mediation may offer a faster, more practical path toward a durable and mutually acceptable resolution.
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