Anna Singer, of Scharfstein LLP, said Saskatchewan’s Mandatory Family Dispute Resolution program “has been very positive” in its requirement that divorcing couples attempt mediation before going through the lengthy and expensive process of hashing out their differences in court.
But Singer has one main criticism of the program: the fact that people have to arrange and pay for mediators, which she says adds unwanted cost, time and stress to what is already an upsetting and expensive process.
Anna Singer, Scharfstein LLP
The mediators Singer deals with typically charge between $300 and $400 per hour. However, she notes that mediators, generally, each determine how they bill clients — whether that be per hour, through flat rates or via packages.
But she did acknowledge that, generally, mediators are cheaper than lawyers.
Singer’s comments come in relation to a July 16 Saskatchewan government news release that points to an increasing number of parting spouses cutting ties through the use of provincial programs instead of going to court.
According to the release, there has been “a 20 to 25 per cent” reduction in the number of contested court applications in Saskatoon, Regina and Prince Albert. It goes on to state that “some 450 families” across the province “no longer required the services of a court to adjudicate their family law disputes.”
Saskatchewan’s dispute resolution program, which came into force in 2022, requires parting spouses “to participate in family mediation, arbitration, parenting coordination or collaborative law” before turning to the courts.
When asked about Singer’s comments, a spokesperson with Saskatchewan’s justice ministry pointed to financial supports available to those deemed eligible.
“The Dispute Resolution Office (DRO) will reduce or waive fees where parties are low-income [and] could be prevented from obtaining mediation, or as a result of exceptional or unusual circumstances [such as loss of employment, medical expenses or personal emergencies],” it stated in an email.
The ministry notes that 28 per cent of DRO family mediation files “saw a reduction or waiver of fees or fee coverage by Legal Aid Saskatchewan” in 2022-23.
“Fees for family mediation services are consistent with private market rates and fairly distribute costs based on client income levels,” it went on to state. “Parties commonly share the fee in proportion to their respective incomes, but can share the fee in any proportion.”
Her criticisms of the program notwithstanding, Singer reiterated that successful dispute resolution generally leads to happier clients.
“I personally would rather see my clients settle [out of court],” she said. “Yes, I am a litigator, and my practice is designed around that, but it’s a better thing [if] clients can settle their matters with me or through a mediation process. And ... there is still a place for lawyers in a negotiated settlement — you are giving legal advice throughout that process, potentially drafting the agreement and making sure everything is in order and enforceable and correct. And, honestly, the high-conflict files won’t settle, and they’ll still go to court. It just means that the things that can settle, do, and that’s a good thing.”
Happier clients, she said, could lead to future referrals. Conversely, clients who end up being dragged to court are generally unhappy in the end — even those who come out on top.
“Generally, nobody gets a clean sweep success on every single thing. Plus, they’ve spent a lot on legal fees to get there. So, generally, people are much happier with a resolution that they had some participation in — and so they won’t resent the lawyer that they had to work with for all those years.”
Another program mentioned in the news release is the Family Law Information Centre (FLIC), to which traffic has “increased substantially.”
“FLIC provides family law self-help kits, videos, information and service referrals to assist those who cannot afford to hire a lawyer or choose to represent themselves in Family Court,” the release states.
Between 2023 and 2024, the FLIC helped 4,439 callers, answered 12,176 emails and met with 172 people face to face. It also sent out 3,787 self-help kits and hosted as many as 847 people at one of the province’s six “drop-in family law help” locations.
Saskatchewan Justice Minister Bronwyn Eyre said in a statement that the province “wants to help families … resolve legal issues in a non-adversarial, collaborative way and avoid costly court proceedings.”
“We are proud to have led the country in adopting several innovative programs and services that help parties de-escalate during what can be a financially and emotionally challenging time and achieve access to justice,” said Eyre.
The release also notes the Child Support Service, the Family Law Screening program and the Parenting After Separation program.
When asked for comment on the Saskatchewan news release, a spokesperson with the Family Lawyers Association said the organization “supports initiatives that help families and family lawyers resolve issues outside of the traditional court process.”
“Such programs ensure access to justice for litigants facing various family law conflicts while maintaining access to the court process for the family cases that need it,” said Maria Golarz.
If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.