The Canadian Research Institute for Law and the Family has just released a report entitled: “An International Review of Early Neutral Evaluation Programs and their Use in Family Law Disputes in Alberta.”
Research conducted by The Canadian Research Institute for Law and the Family shows that these hearings result in high satisfaction rates for litigants, lawyers and evaluators. They promote settlement and the taking of positions supported by the law, and save litigants time, money and emotional stress as a result. They also provide savings to the justice system by reducing the number of contested applications and reducing the number and length of trials.
In addition, this report pairs nicely with the conclusions reached in the Canadian Research Institute for Law and the Family’s 2014 report, “Self-Represented Litigants in Family Law Disputes: Contrasting the Views of Alberta Family Law Lawyers and Judges of the Alberta Court of Queen’s Bench” by John-Paul Boyd and Lorne Bertrand. This earlier report concludes that self-represented litigants tend to take unreasonable positions in family law disputes which ultimately reduce the likelihood that these disputes will resolve without a trial. When cases involving self-represented litigants do reach trial, they tend to require more adjournments and take longer to resolve as a result of self-represented litigants’ unfamiliarity with the rules of court, the rules of evidence and the law that applies to their cases, and the results self-represented litigants achieve tend to be worse than the results they would have achieved had they had counsel. An early neutral evaluation program which includes an objective appraisal of the strengths and weaknesses of the parties’ positions would likely be of great assistance to these litigants.