We have probably reached a point in family law where more people are doing it on their own rather than hire a lawyer.
According to statistics from the courts, well more than half of all cases in all family courts involve at least one and often two people who are not represented by a lawyer.
The implications for this trend are staggering. And, only recently, academics have begun to study and report on what those implications might be.
Dr. Julie MacFarlane, a law professor from the University of Windsor, is conducting a survey of self-represented people across Canada.
I met with her today at the Provincial family law court at 311 Jarvis St. in Toronto to discuss her work.
Her preliminary findings are very interesting.
The male/female ratio is pretty much equal. About half of all of those representing themselves in court have university degrees. And 60% had a lawyer at one point but no longer do.
She noted that those who are unrepresented wish the courts would direct them more towards mediation, and that they believe they would benefit from mediation processes that address power imbalances (which is what court-connected mediators should be doing.)
The top three motivations for being self-represented?
1– no money
2- have already blown their budget on legal fees, with many having spent between $10,000-$20,000 with no resolution and
3- the belief that they will be able to do it themselves.
Dr. MacFarlane is also asking people about the challenges they face as self-represented litigants and the impact the experience is having on them. Her preliminary findings suggest that it is a daunting, draining, stressful, unwelcoming, traumatic and isolating experience for many.
To learn more, or to participate in the dialogue, visit the facebook page Representing Yourself in a Legal Action. Post any comments here too– we work often in mediation with unrepresented parties and welcome hearing about your experiences.
