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Family Dispute Resolution (FDR)

Discuss the three ways the Act encourages the use of a family dispute resolution process.

The Divorce Act encourages family dispute resolution in three specific ways: 

  • Section 7.3 mandates parties to attempt resolution through such processes; 
  • Section 7.7(2)(a) requires lawyers to advise their clients towards these non-court methods;
  • Section 16.1(6) permits courts to order mediation or similar methods for resolving parenting disputes, aiming to facilitate cooperation and prioritize the child’s best interests.

 

Under what circumstances is ADR not a viable option to resolve issues?

ADR (Alternative Dispute Resolution) may not be suitable in situations involving a history of family violence, where one party fears the other, or in cases with serious mental health or drug abuse issues.

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