Ontario to force couples seeking divorce to attend counselling session

A two-year court battle, exacerbated by $15,000 in legal fees, brought Scott McLarty's 25-year marriage to a bitter end.

A decade later, McLarty finds himself in a familiar spot, up against his former wife as he attempts to restructure the terms of their settlement.

This time, however, McLarty and his ex-wife have been ordered to attend a two-hour mediation session - part of a provincial program aimed at finding an agreement to avoid bitter litigation.

After a couple formally files for divorce, each will be given a sheet pertaining to the mandatory session prior to court appearances. Attendance is confirmed with a stamp, a requirement that permits the divorce proceedings to move forward should the couple fail to reach an agreement.

"I think it would have been a catalyst for us to take a step back, take a deep breath, and see if there were things we could sort out on our own," said McLarty of his divorce, which was ultimately settled out of court, in a National Post story.

"When you're going through a divorce, you're angry, you're depressed, you're in an 'I want to win' mentality. The information session encourages you to try to work together and come to a solution."

Avoiding nasty court battles and saving thousands in legal fees are contributing factors, but reducing backlogs in court and limiting the effect on children played a substantial role in implementing the initiative.

An estimated 160,000 people make use of Ontario's family courts each year, creating scheduling conflicts and lengthy wait times.

"Some cases involve a long court fight," said Attorney-General Chris Bentley in the story. "This (mediation session) will give people a better sense of whether it's worthwhile having one."

When looking back at his divorce, hindsight suggests McLarty's two-year procedure was "probably not" worth it. And, in his opinion, the bulk of those he joined at his April session may come to the same realization.

"My impression, looking around at the room of 40 or so people, was that maybe 50 per cent of them could figure things out outside the courtroom," said McLarty in the story. "I'm hoping that this time we'll try to settle (the terms of our agreement) in mediation, but we'll see if (my ex-wife) agrees."

With the mandatory session, Ontario has joined an international effort to promote mediation and avoid lengthy, costly and often bitter litigation. The U.K. recently joined states such as Utah and Florida by enforcing these mandatory sessions.

Toronto-based divorce mediator, Deborah Mecklinger, practiced in Florida when mandatory mediation was implemented. After sharing her experience with couples wishing they had attempted mediation prior to court, Mecklinger explains not everyone is prepared for the amicable approach.

"Mediation requires two people who are interested in a win-win solution," she explained in the story. "That's not true of all divorcing couples."

(CP Photo)