A colleague of mine (@NoelSemple) was tweeting away during yesterday’s speech by Supreme Court of Canada Chief Justice Beverly McLachlin. It was a passionate call to do something about the exorbitant cost of justice.
“Great laws to which no one has access are for naught”; “Access to justice promotes peace and obviates need for vigilantism”; “Courthouse time is a precious commodity which must not be squandered”; “Self-help mentality, and not just cost of lawyers, bring people to court without lawyers”.
The story was picked up in today’s Globe by Kirk Makin. (“And justice for all, if you can afford it.”)
“How can there be public confidence in a system of justice that shuts people out”, the Chief Justice asks.
According to a recent survey, a lawyer-negotiated custody and child support agreement (not including property division or spousal support or a divorce) will cost each parent about $2600, and as much as $7900. Each. And that’s the Ontario average; costs in Toronto are certainly higher.
Mediation with a mediator who knows what he or she is doing will almost always be less costly. Our parenting mediators charge $200-$225 an hour, which is shared by the parties. Legal advice on a mediated parenting and child support agreement should be relatively inexpensive.
Most people hiring litigation or collaborative lawyers should try mediation first. They might save themselves a lot of money…. not to mention the prospect of a better outcome for them and their kids.
