Author: Warren Jennings

The Divorce Act and Family Law Act impose a duty on lawyers to discuss alternative dispute resolution processes. This paper explores the legislation giving rise to the duties on us to use Alternative Dispute Resolution and any musings in caselaw on these duties. It also reflects on what to expect from a typical mediation; how to speak with your client and the other lawyer about mediation; and the benefits the mediation and mediation/arbitration processes can provide you and your client.

These materials are part of a collection presented at LESA’s Family Law Essentials program in Edmonton on May 22, 2026.