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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Interdisciplinary family mediation as carried on in Québec leads to the drafting of an agreement dealing with all facets of a couple’s separation. It covers the sharing of parental responsibilities (children custody), partaking in property and financial contributions (support), while favouring the continuity of a functional parental relationship. While the government promotes access to mediation in the case of spouses with children, the legal effects of agreements issuing from family mediation are uncertain and give rise to numerous doctrinal and jurisprudential controverses. The authors first begin by presenting family mediation as it was implemented in Québec. They then demonstrate on the basis of jurisprudential and doctrinal analyses of the legal value of agreements issuing from family mediation, that the law falls short of adapting itself to this means of conflict resolution. In the end, there results uncertainty and disagreement on the legal effects of agreements resulting from such proceedings.
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Ontario residents are more likely to have a dispute concerning a familial relationship than any other type of serious legal problem.¹ The family dispute resolution process has evolved considerably over the past few decades, but the pace of change has been frustratingly slow, with many sound reports and recommendations for reform ignored, resulting in continuing unaddressed concerns about the family justice system. Many of those embroiled in these often traumatic, life-altering disputes have difficulties gaining access to the justice system and must proceed without adequate legal advice and assistance. The 2010 Law Commission of Ontario Report on the ‘broken’ family
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"There is a serious access to justice problem in Canada. The civil and family justice system is too complex, too slow and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it is meant to serve. While there are many dedicated people trying hard to make it work and there have been many reform efforts, the system continues to lack coherent leadership, institutional structures that can design and implement change, and appropriate coordination to ensure consistent and cost effective reform. Major change is needed. This report has three purposes: to promote a broad understanding of what we mean by access to justice and of the access to justice problem facing our civil and family justice system; to identify and promote a new way of thinking 'a culture shift' to guide our approach to reform; and to provide an access to justice roadmap for real improvement"-- Executive summary.
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