The Lawyers Weekly - September 23, 2011

ENDOS TOCK / DREAMS TIME.COM

Mediate393: new family mediation program in Toronto

Outside Toronto, court-con-nected mediation programs have been available in family court jurisdictions across Ontario for years, and now it is finally Toronto’s turn. Anyone on the court docket at the Superior Court of Justice in Toronto is now eligible for on-site, no-cost mediation for matters that can be addressed in two hours or less.

Hilary Linton, accredited family mediator with the Ontario Association of Family Mediation, who has been providing private mediation through Riverdale Mediation for years, was awarded the Ministry of the Attorney General contract to provide no-cost on-site family mediation for cases in court at 393 University Avenue, subsidized off-site family mediation for anyone in Toronto, operate the mandatory information sessions and manage the expanded information services at the court. The program is known as “mediate393.” Linton not only has extensive experience as a family mediator and arbitrator but is also an educator. She has been teaching family law, mediation and negotiation for several years, for the University of Western Ontario (UWO) Faculty of Law, Osgoode Hall Law School, the Toronto Advanced Professional Education (TAPE), Humber College and Riverdale Mediation.

LORNA
YATES

“Anyone on the court docket at the Superior Court of Justice in Toronto is now eligible for on-site, no-cost mediation for matters that can be addressed in two hours or less.

Mediate393 is part of an initiative that the McGuinty government has been taking since 2008 to increase access to justice for Ontario families by making the family justice system more efficient, more affordable and less confrontational. The initiative is aimed at implementing the so-called “four pillars of justice to resurrect a broken system”: information programs and services, triage, alternatives to court and streamlined court process.

The mediate393 program is comprised of four components.

The first component is the Family Law Information Centre (FLIC), a resource centre for individuals going through a separation or divorce. The FLIC office is run by court staff and a full-time Information and Referral Co-ordinator (IRC). The IRC is a social worker who is familiar with all the resources available in the community and can help clients identify process choices.

The second component is the Mandatory Information Program (MIP), which is a two-hour session aimed at helping parties who are just beginning a family law case at the Toronto Superior Court of Justice in Toronto. The session is presented by a lawyer and a mental health professional whenever possible, and provides an overview of the process of separation and divorce, including: the effects of a relationship breakdown on adults and children, legal issues, options for dispute resolution and the court process. The MIP is mandatory for anyone who is subject to a family law court proceeding and is available free of charge. Toronto has had the MIP program for years and in fact it is this program that the McGuinty government has recently expanded to other jurisdictions in the province.

The third component is two

See Mediate Page 12

An oddity in Family Law

An unusual ruling took place in France recently when a 51-year-old man was ordered to pay his wife $14,000 for lack of sex over 21 years of marriage.

Jean Louis B. was fined under Article 215 of France’s Civil Code, which states that married couples must agree to a “shared communal life.” According to the judge this law implies that sexual relations between a husband and wife must form part of a marriage.

The case was brought to the courts after the wife filed for divorce two years ago, blaming her husband’s lack of interest in her. Although the divorce was granted, she took him back to court demanding compensation for her suffering over the years, according to Telegraph.co.uk.

The now ex-husband claimed “tiredness and health problems” to be the cause of his lack of attentiveness, but clearly the judge was unconvinced. Of all the reasons to need a doctor’s note, getting permission to abstain from sex (to avoid having to pay the disappointed spouse) has got to be a new one. —Anum Lateef

Lawddities

Legal Oddities in (Blank) Law

Man ordered to pay up for lack of sex

WAVEBREAKMEDIA LTD / DREAMSTIME.COM

NEWLY REVISED & UPDATED FOR 2011
Lawddities
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Separation Agreements and
Marriage Contract/Agreement

Revisions have been made to existing clauses and commentary, plus we’ve added new clauses and schedules (including a streamlined “Statement of Income, Assets and Debts/Liabilities”), based on current case law and legislation including:

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