Alternative Dispute Resolution (ADR) – What is Resolution Counsel?

Before most family law applications can proceed in Alberta, the Court of King’s Bench requires that parties attempt to resolve their issues using Alternative Dispute Resolution (ADR). If ADR hasn’t taken place, it’s common for parties to be referred to Resolution Counsel during Family Docket Court.

What Is Resolution Counsel?

Resolution Counsel is an ADR process where parties meet with a court-appointed lawyer called Resolution Counsel, who facilitates a settlement-focused discussion. This process is designed to help parties:

• Understand the legal issues;
• Clarify what’s in dispute;
• Explore practical settlement options; and
• Avoid going to trial wherever possible.

What Happens at a Resolution Counsel Meeting?

Resolution Counsel meetings are typically held virtually and attended by both parties, along with their lawyers (if represented).

Prior to a Resolution Counsel meeting, parties will be directed to exchange and provide financial disclosure. The parties will also need to complete and submit a proposal for settlement prior to the meeting with Resolution Counsel. The preparation ensures that both sides are informed and ready for meaningful discussions.

During the meeting, Resolution Counsel will facilitate a discussion between the parties regarding outstanding issues. Resolution Counsel may offer insight into likely outcomes if the matter proceeds to court and suggest options for resolution. If the parties reach a settlement, Resolution Counsel can draft a Consent Order reflecting the agreement. Resolution Counsel may also refer parties to family chambers, other ADR processes, and provide recommendations. At the end of the meeting, Resolution Counsel will complete a Resolution Counsel report, which is filed on the Court record.

Is Resolution Counsel Free?

Yes, Resolution Counsel services are free of charge for parties referred by the Court. Resolution Counsel services are also available at no cost to parties who each earn $90,000 or less.

Why Is Resolution Counsel Valuable?

Going to court can be stressful, expensive, and time-consuming. Resolution Counsel offers a way to:

• Resolve disputes early;
• Reduce emotional conflict;
• Promote child-focused solutions;
• Save on legal costs; and
• Comply with court requirements.

These meetings can lead to full or partial resolution, avoiding the need for further litigation.

At Hayher Lee, we help clients across Alberta prepare for ADR, including Resolution Counsel meetings. Our family lawyers can:

• Explain what to expect;
• Help you identify your goals;
• Prepare legal briefs and summaries; and
• Support you in negotiation strategies.

We have experience navigating the Family Docket Court and ADR process in Alberta and can support you at every stage.