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.