The Impact of Family Mediation and Resource Centre’s (FMRC’s)
Family Law Information Sessions (“FLIS”)
YOU HAVE THE RIGHT TO KNOW YOUR OPTIONS EARLY
The Ministry of the Attorney General of Ontario has established Mandatory Information Programs (MIPs) throughout family court locations across Ontario, providing attendees with general information about separation/divorce and the legal process. These sessions must be attended within 45 days from the start of a case.
What makes FMRC’S FLIS so different? The MIP sessions are instituted after a court application is instituted. FLIS recognises that court may not be the only route to follow. We recognize that without knowledge – without first having legal information, on the effects of separation and divorce on adults and children; alternatives to litigation; family law issues; the Family Court system and local resources and programs, people are committed to a system that they never have wanted in the first place. We believe it is important that families be provided information beforehand, at an early, neutral stage of the separation process and before families launch out in a very unfriendly and most often destructive court case.
Information is crucial for community members to become empowered, in order to move forward in separation. Divorce/separation does not only affect the parties directly involved, but their child(ren) and extended family members. Being aware of information about separation/divorce and the legal family process is necessary and relevant public education which should be easily accessible to all members of a community, including those who are not going through divorce.
FLIS sessions aim at enhancing knowledge, decreasing conflict and instilling respect by allowing people a right of choice:
a. They are offered right within the community
FLIS sessions take place in familiar settings, such as libraries and community centres, as opposed to the informality of a courthouse. This affords an opportunity for community members to learn about alternate ways of proceeding, such as by family dispute resolution processes. Court may not be the only solution! There is a new wave of people settling family law matters through negotiation, Mediation, Mediation-Arbitration and the Collaborative Process. Sadly, once in the court system, options become very limited.
b. It is offered prior to starting a court case.
Going to court is no panacea! It can only increase conflict. The adversarial system drives a sharper wedge between people; those who are already somewhat traumatized by a breakdown in an intimate relation.
Access to knowledge prior to entering the court system will enhance parties’ ability to link with and effectively use appropriate public resources while preventing “revolving door” effect.
c. It’s voluntary versus mandatory.
Whereas mandatory format focuses on attendance, voluntariness allows parties to focus on the information at hand. As result, parties may be less tense, less stressed and less resistant.
Having the choice of researching suitable options versus being ordered into attendance, may be empowering and help in preserving a person’s sense of dignity. It may play a crucial role in increasing a person’s sense of self-direction and responsibility for the situation. As well, it will save time and money for everyone involved while establishing trust and respect for the judicial system. Finally, parties may be more likely to reach a child-focused and long-lasting agreement, which can only prevent long-term damage.
“Participation in collaborative proceedings such as mediation tends to not only decrease the intensity of conflict below the level brought to them by separating parties but also to improve the quality of post-separation relationships between them…”(Ellis, 2014)
“…(“going to court”) increases the intensity of conflict beyond the baseline level of intensity that separating/divorcing parties bring with them to family court.” (Ellis, 2014)
“…adversarial family law system “appeared to encourage couples to become adversaries to a greater degree than they already are….to aggravate relations with the spouse…and to upset and humiliate people” (pp.214-215).” (Ellis, 2014)
“…most couples who bring their disputes to family court do not need to and do not enjoy, or ultimately benefit from, the experience. I would go further and suggest that in many cases, the parties’ ability to communicate and co-operate with each other as co-parents became worse, not better, as a result of family court litigation.” (Brownstone, 2009)