The dual process of mediation combined with arbitration has become more attractive to counsel over the past 10–15 years as the cost and complexity of family litigation through our court system has increased. Focusing on practice pointers, this presentation assists family law lawyers make the most of the processes for the benefit of their clients. This on-demand program was originally presented as an in-person conference from May 4–7, 2023 as part of LESA's Refresher 2023: Family Law. Total running time is 56 minutes.

Topics from LESA's Refresher 2023: Family Law include: Child Support Update Cross-Examination and Questioning Dealing with Experts in Family Law Developments since the Divorce Act Amendments Early Intervention Case Conferences, JDRs, Pre-Trial Conferences, and Appeal Conferences Family Property Matters Imputing Income: An Update Since Peters v Atchooay Mediation & Arbitration Considerations Spousal Support Update Starting with the End in Mind – Managing Family Law Matters Summary Trials and Oral Hearing Orders: Resolving Matters without a Full Trial Written Advocacy These on-demand programs were originally presented as an in-person conference from May 4–7, 2023 as part of LESA’s Refresher 2023: Family Law.

Child support is a common issue in family law matters. This paper highlights 5 recent child support cases that address the following: imputing income, disclosure, retroactive variations to reduce child support, variation of child support after a child is no longer a “child of the marriage” (as defined by the Divorce Act), and child support in shared parenting arrangements. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.

This paper considers child and spousal support obligations in estate planning. It first provides an overview of child support and spousal support basics, including the applicable legislation and other considerations. Next, it discusses what happens when a payor or a recipient dies, and highlights recent Alberta cases that deal with support obligations in estate matters. Finally, the paper identifies specific questions to ask clients regarding support obligations to properly address child and spousal support in estate planning. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.

This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  

The dual process of mediation combined with arbitration has become more attractive to counsel over the past 10-15 years as the cost and complexity of family litigation through our court system has increased. Focusing on practice pointers, this paper assists family law lawyers make the most of the processes for the benefit of their clients. This paper is part of a collection presented at LESA's Refresher 2023: Family Law in Jasper from May 4–7, 2023.