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In Ontario, Rule 24.1 of the Rules of Civil Procedure [7] establishes mandatory mediation for civil cases, excluding certain family actions. The mediation is through a private-sector mediator. In mediation, a neutral third party – the mediator – helps the disputing parties look for a solution that works for them.
A central registry of divorce proceedings has been kept in Canada since July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know. Courts must complete an application form and send it to the Registry for each divorce application received.
However, family mediation has been present in various forms in various cultures world-wide for thousands of years. [2] The family-mediation system focuses on providing a dispute-resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services. [3]
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
As result of court reform, no new full-time judges have been appointed by the provincial government to preside in Small Claims Court. Proceedings in the Small Claims Court are governed by a codified set of rules contained in O. Reg. 258/98 (as amended), the Rules of the Small Claims Court, instead of the complex Ontario Rules of Civil Procedure.
The ADR Institute of Canada (ADRIC), is a non-profit organization that offers alternative dispute resolution services to its members and the public across the country. It is one of the leading authorities on ADR in Canada, offering highly respected professional designations for both mediation and arbitration, with plans for a mediation and arbitration (Med-Arb) designation in the works.