What is the policy in favour of out-of-court resolution?
British Columbia, Canada
The following excerpt is from C.C.R. v. T.A.R., 2014 BCSC 620 (CanLII):
Balanced against the policy in favour of out-of-court resolution is the policy regarding independent legal advice. In the family law context, where some parties may be represented and some not, legal advice is important “because it ensures that the spouses are fully aware of their statutory and common law rights and obligations. It safeguards against one spouse taking unfair advantage of another” (Bradshaw v. Bradshaw, 2011 BCSC 1103 at para. 49). As a result, mediators generally tell the parties that they should seek independent legal advice before finalizing any agreement. While a lack of independent legal advice would not necessarily vitiate a settlement, parties should still receive the opportunity to seek that advice prior to signing a final agreement.
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