If you are separating in Alberta, ADR refers to structured alternatives to resolving family law issues outside of court. In most family law cases, you are expected to complete financial disclosure and participate in an ADR process before a judge will even hear your matter, unless the court finds the situation is urgent. ADR processes include Mediation, Collaborative Divorce, settlement meetings, and Arbitration.
What ADR Means in Alberta Family Law
ADR stands for Alternative Dispute Resolution. In Alberta family law, it refers to structured dispute resolution processes used to resolve parenting, support, and property matters without relying on a judge to decide everything in court.
You are expected to use an ADR process early in your case so that issues can be narrowed or resolved without unnecessary court appearances. ADR gives you more control over timing, communication, and outcomes compared to waiting for a court hearing date.
Types of ADR You May Use
There are several ADR options you may use depending on your situation:
- Mediation: You and your former partner meet with a neutral third party who help guide conversations, clarify issues, and support settlement discussions.
- Four-way settlement meetings: You and your lawyers meet to work through issues and negotiate agreements in real time.
- Collaborative Divorce: You, your former partner, and your collaboratively trained lawyers agree to work outside of court and focus on reaching a settlement through open communication and joint problem-solving.
- Arbitration: A neutral decision maker hears both sides and makes a binding decision, like a private judge.
- Mediation-Arbitration (“med-arb”): You and your former partner attempt to reach settlement through Mediation, but if you are unable to do so, then the Mediator becomes the decision maker and makes a binding decision.
Each option offers a different level of structure and third-party involvement, but all are designed to resolve matters outside of court.
Financial Disclosure Comes First
Before meaningful settlement discussions or court proceedings can move forward, you are required to exchange full financial disclosure.
This includes sharing documents such as income information, tax returns, bank statements, investment accounts, property details, and records of debts or liabilities. The goal is for you both to have a clear and accurate picture of your financial situation. This step takes time because documents may need to be gathered from different institutions or updated records.
ADR Requirements Before Going to Court
In most Alberta family law matters, you are expected to participate in at least one form of ADR before a judge will hear your case.
The court expects that you and your former partner will make genuine efforts to resolve issues before using the court’s time. This requirement applies in many situations, including requests for temporary or final orders.
If you want to proceed to court, you will need to show that ADR has already been attempted or that meaningful discussions took place.
Why ADR Is Now a Requirement
Alberta family courts introduced mandatory ADR requirements to manage growing caseloads and reduce delays in hearing matters. Many cases were entering the court system without meaningful efforts to resolve issues beforehand. This created longer wait times for families who needed court decisions. By requiring ADR and financial disclosure, the court system is encouraging earlier resolution, better use of court resources, and more focused court hearings when they are needed.
What This Means for You Moving Forward
You can expect ADR and financial disclosure to be part of your family law matter from the beginning. These steps are not optional and will shape how your case progresses.
Your lawyer will likely help you decide which ADR option fits your circumstances, whether that is Mediation, Collaborative Divorce, or another form of settlement discussion.
Many issues are resolved through ADR without the need for a full court hearing. Court remains an option, when necessary, but it is no longer the first step in most situations.
Contact Miller Boileau Family Law Group
For effective and practical legal advice, call the lawyers at Miller Boileau Family Law Group at 780-482-2888 or contact us here.
FAQs
1. Do I have to try ADR before going to court in Alberta?
In most cases, yes. You are expected to participate in an alternative dispute resolution process (ADR) before a judge will hear your matter, unless the court determines that there is a true urgency.
2. What happens if my former partner refuses to participate in ADR?
The court may still expect you to show that you made reasonable efforts to participate. The refusal itself can be raised with the court when determining next steps in the case.
3. Is Collaborative Divorce better than Mediation?
Neither is better in every situation. Collaborative Divorce works well when both parties want ongoing lawyer support throughout discussions. Mediation often occurs without your lawyer being present at the meetings, thereby helping to keep costs down. Sometimes lawyers attend at mediation with you, but often this occurs after the lawyers have already had settlement discussions. Sometimes a neutral third party is what is needed to bring the parties to settlement.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.