By Hilary Linton - April, 2003

Family Information Sessions A Success.
by Hilary Linton - April 2003.

A study of the mandatory Family Information Sessions (FIS) for parties to divorce proceedings at 393 University Ave. shows that the majority of those attending find the programme helpful and would recommend it to other separating or divorcing parents.

Other findings are that participants in FIS attend fewer case conferences, file far fewer motions, and conclude their cases earlier than those who do not participate in the FIS programme.

The evaluation was conducted by Professor Desmond Ellis of York University.

The central goal of the FIS programme is to educate separating and divorcing parents so that they can take better control of the proceeding and make informed decisions. The programme includes presentation of the video “Separate Ways” and discussion by a lawyer and a mediator or social worker about the emotional and legal aspects of separation and divorce, and the different processes by which the issues can be resolved.

Dr. Ellis' research shows the following demographics of attendees: about half had post-secondary education, almost two-thirds spoke English as their first language, and a significant proportion (four in ten) had an annual income of less than $35,000. Forty per cent of attendees reported “serious conflicts” since separation. Sixty per cent had been separated for one year or less, and the average duration of marriage at the time of separation was 14 years. Nine out of ten had hired a lawyer already.

Over two thirds of the attendees reported that they understood the information presented at FIS, with eighty per cent finding the material well-organized. Prior to their participation, only one in four thought the programme should be mandatory; afterwards, almost sixty per cent thought it should be mandatory. Over two-thirds would recommend it to other separating and divorcing parents, and over three quarters said it was helpful in providing information on alternatives to litigation. The findings show there is a dramatic difference in use of court resources between those who attend FIS and those who don't. 36 per cent of the FIS sample, for instance, file two or more motions in their cases, compared with 92 per cent in the non FIS sample. 75 per cent of the cases in the FIS sample stayed alive for longer than 1000 days, compared with 91 per cent in the non-FIS group.

Other findings are that there is a connection between post-separation conflict and litigation; the more serious the reported level of conflict, the greater the number of motions filed and case conferences held. The research also shows a connection between income and use of case conferences, with higher income earners participating in more case conferences. However, no similar correlation is shown between income and number of motions filed.

The findings show a relationship between lawyer representation and use of case conferences, with lawyer-represented clients having more case conferences. However, clients with lawyers and those without lawyers had equal numbers of motions.

Another interesting finding is the relationship between length of separation and length of time the case stays alive. The cases of those who reported being separated longer were kept alive for longer periods of time, which Dr. Ellis credits to a longer duration of post-separation problems.

Drawing on other research, Professor Ellis writes that the benefits of participating in a FIS programme are greatest for parents who participate soonest after their initial court contact.

“Greater motivation by more responsible parents, and minimal participation in adversarial proceedings where affidavits and other accusatory depositions escalate conflict, are possible reasons for greater benefits being associated with earlier FIS participation.”

As well, he writes, the use of court resources by separating parents can be reduced by placing a greater emphasis on teaching parents non-adversarial conflict management skills, with the likely result of greater reliance on settlement-oriented lawyer negotiations or mediation.

Professor Ellis suggests that the FIS can be improved in several ways. He recommends that more detailed information be provided about alternatives to litigation and the probable consequences of choosing them, in terms of relative cost in time, money and relationships.

He also suggests that the programme (three hours in the evening) is too long.

The overall recommendations flowing from Dr. Ellis' research are:

1. Keep the programme going.
2. Expand it to include unmarried parents.
3. Frame FIS in a way that decreases initial resistance to participation.
4. Greater emphasis should be placed at the session on teaching parents conflict management skills, including using small groups and role plays. Participants should also be given a parenting and conflict management skills handbook.
5. Include more detailed information on alternatives to litigation and their relative costs and benefits.
6. Offer the presentation in English, Chinese, Portuguese and Italian.
7. Simplify the content further.
8. Require attendance at the FIS within 21 days of the respondent's receipt of a petition for divorce, instead of 45 days.
9. Retain the present heterogeneous composition of participants (ie/ parents and non-parents, high and low conflict situations).
10. More effectively enforce the policy of requiring attendance.and
11. Permit petitioners and respondents to attend the same session unless one or both parents express safety concerns or a restraining order is in place.

For more information, see:

1. Evaluating the Family Information Session Program, Desmond Ellis, Ph. D. , York University.

2. The Impact of Participation in a Parent Education Programme for divorcing Parents on the Use of Court Resources: An Evaluation Study by Professor Ellis, Ph. D., LaMarsh Research Centre on Violence and Conflict Resolution, York University, to be published in Conflict Resolution Quarterly 2003, vol. 21.

Hilary Linton is a family lawyer who presents both the lawyer and mediator components of the FIS programme.. Her practice is restricted to family and civil mediation. She can be reached at hilary@riverdalemediation.com.