Family lawyer explains new divorce and separation legislation

The Saskatchewan government is working on legislation to change how family disputes like divorce are settled.

It’s looking to make it mandatory for couples to go through a third party process, like mediation or arbitration, before they can bring their case before a judge.

Charmaine Panko is a lawyer and mediator with Panko Collaborative Law & Mediation. She went in depth on the proposed changes with Gormley.

She said the current system is conflict-based.

“(Families) will first have to participate in one of the early dispute resolution processes before they have access to the traditional, adversarial process in the court system,” she explained.

She thinks this change would bring many benefits. For one, she says it’s easier on kids.

“The social science research has told us what we already knew to be true: that conflict is not healthy for children,” Panko said.

She also said it’s possible that the new system could lower legal costs, but it’s not a guarantee by any means.

“It is going to end up coming with its own costs,” she told Gormley.

“Collaborative approach may end up being less money than if you were in the adversarial model, but that shouldn’t be the driving force behind why you would choose that process.”

Instead, she thinks this new approach is better for the overall well-being of the family. She said it helps couples build a post-relationship foundation that lets them co-parent their children.

“Dealing with (divorces) in an adversial method does not help them create that foundation. In fact, it just escalates the conflict further,” Panko said.