Divorce law tune-up speeds up process

December 19, 2009 |12:13 | Others  By : Team X


London's top divorce lawyer is praising changes to make the divorce process cheaper, faster and less combative. "It's a consumer-oriented initiative for sure," said Alf Mamo yesterday. Two years ago, Mamo was part of an advisory group that made similar recommendations to those announced yesterday by Attorney General Chris Bentley, MPP for London West.

"I'm very pleased," said Mamo of the steps that will start in Milton and Brampton shortly and spread to the rest of the province in about six months. The financial and emotional implications are huge when figures show one in three marriages is failing.

Bentley said the changes are designed to reduce combativeness in court by stressing alternative measures such as dispute resolution and mediation. "The goal here is so the children can get on with their lives and they won't have spent all the money they have to live on in the future," Bentley said.

"In a process where nobody wins, I want to put the kids first," he said. Among the measures being provided to reduce conflict and save money for those using divorce court: More information upfront to the litigants to help them with conflict resolution and about the issues they will face down the road;

Improved access to legal advice upfront with access to lawyers funded by Legal Aid;  More access to resolve issues through mediation, collaboration and other means of resolving disputes out of court;  A form of "legal triage" where simpler cases are diverted to less costly resolution options, leaving the court to focus on more difficult and challenging cases;

Simplifying the court process and removing as much paperwork as possible.


Bentley said he is determined to reduce the combativeness of divorce situations to reduce the emotionally charged and tense situations families and their partners face.

For his part, Mamo, who has practiced for 38 years, said lawyers should welcome Bentley's initiatives. "This is an extremely important step."

Aside from benefitting consumers, the changes will be a boon for lawyers, he said. "It's going to give lawyers the tools to be able to get cases resolved more quickly," Mamo said. "The system will provide the opportunity for people to get away from arguing with each other and instead find solutions to the issues.  It has been said the only winners in divorce battles are lawyers so Mamo was asked if the changes may reduce the winnings of lawyers.

"Good lawyers want the best outcome for their clients and good lawyers want to deliver the best value for their service," he said. "Most lawyers are just as frustrated as their clients going to court, spending half a day and nothing happens. Every appearance in court should be meaningful."

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