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Issue link: https://digital.canadianlawyermag.com/i/1499770
www.canadianlawyermag.com 27 In the face of an access-to-justice crisis, the family law system is exploring new paths forward, writes Aidan Macnab Overhauling the family justice system T H E M AS S I V E i n c r e a s e i n s e l f - represented parties in family law litigation is forcing justice stakeholders to search for new solutions. In the current environment, precarity is a theme even for those who can afford a lawyer. Market volatility, high-interest rates, and the pandemic experience have many of Diana Isaac's family-law clients looking to avoid court. "Because of the financial situation people find themselves in, they're leaning towards mediation and arbitration," says Isaac, a partner with Shulman & Partners LLP in Toronto. "It's expeditious and more cost-effective." "Provided their matter is appropriate, this is definitely becoming a more promi- nent option." But professionals working in the justice system estimate that between 50 and 80 percent of litigants appearing in family-law court are self-represented, according to the Government of Canada. And that number is consistently higher in big cities. The National Self-Represented Litigant Project indicates that nearly 80 percent of family-law litigants file their cases with the court unrepresented. The number of self-reps has been increasing for years, says Russell Alexander, founder of Russell Alexander Family Lawyers. He says some parties may begin their dispute with a lawyer but run out of FAMILY LAW LEGAL REPORT