For justice to be seen to be done, the judge must hear all views before determining the facts. Here's a plain-language explanation of why court takes time - and why ADR is often the smarter first step.
Court is slow and expensive — and understanding why can help you make better decisions about whether to litigate, negotiate, or use Alternative Dispute Resolution (ADR).
The Fundamental Principle: Justice Must Be Seen to Be Done
For a court decision to be legitimate and enforceable, the judge must hear all views before determining the facts proven by the evidence. No party can be condemned unheard. This principle — sometimes expressed in the Latin phrase *audi alteram partem* ("hear the other side") — is a cornerstone of Canada's legal system and is enshrined in the Canadian Charter of Rights and Freedoms.
This means that even if the truth seems obvious to you, the court cannot simply accept your version of events. Every party has the right to present evidence, cross-examine witnesses, and make legal arguments. This process takes time — sometimes a great deal of it.
Who Controls the Evidence
The parties — not the court — have the evidentiary burden of presenting the evidence required to prove the facts they want the judge to believe. The court is passive: it evaluates what it is given, but it does not investigate on its own behalf.
The applicable law is determined by the facts. For example, contract law does not apply if no contract is proven to exist. Family property division rules under BC's Family Law Act (FLA) cannot be applied unless family property is identified and valued. Child support under the Child Support Guidelines cannot be accurately set without full financial disclosure from both parents.
This means that before a judge can make a decision, both sides must disclose all relevant evidence — financial statements, bank records, property appraisals, communications, expert reports — and give the other side a fair opportunity to respond to it.
Where the Time and Money Go
Each lawyer involved must:
- Review and analyse all documents disclosed by both parties
- Brief their client on the state of the evidence and the law
- Attend mandatory case conferences (required by BC Supreme Court Family Rules before most hearings)
- Prepare affidavits, pleadings, and legal briefs
- Attend and conduct examinations for discovery, if required
- Prepare for and attend hearings or trial
Court is slowed most significantly by parties refusing to admit facts or failing to provide proper disclosure. Every disputed fact that should simply be admitted requires additional steps: more documents, more time, more correspondence, and ultimately more cost. A party who forces the other side to prove something that should be conceded will often face cost consequences — but by then, the damage is done.
The BC Court System's Own Delays
Even when both parties are cooperative, the courts are busy. BC Supreme Court trial dates in family matters can be 12 to 24 months away, or longer in some registries. Provincial Court (Family) dates can be similarly delayed. Procedural steps — case conferences, applications, judicial case conferences — each require separate court time.
The result: a contested family case in BC Supreme Court can easily take two to four years and cost each party $30,000 to $100,000 or more in legal fees, depending on the complexity of the issues and how contested they are.
ADR: The Faster, Less Expensive Alternative
This is precisely why mediation and other forms of ADR are so powerful. In mediation:
- The parties choose their neutral (not assigned by the court)
- The process is private and confidential
- Rules of evidence do not apply — the parties can discuss interests, not just legal positions
- An agreement can be reached in a single day or a small number of sessions
- Cost is shared and controlled
Even if full resolution is not achieved in mediation, narrowing the issues in dispute before going to court saves significant time and money. A mediated partial agreement can turn a five-day trial into a one-day hearing.
Sea to Sky Law™ strongly encourages ADR as the first step in virtually every dispute, before the court process begins. Andrew Liggett holds the Law Society of BC's Family Law ADR Professional designation and has extensive experience as both a mediator and arbitrator. Contact us to discuss whether mediation or arbitration is right for your situation.
In the vast majority of cases, yes. Mediation typically costs $3,000–$8,000 total. A fully contested family law matter in BC Supreme Court exceeds $50,000–$100,000 per side. Even when mediation does not resolve everything, narrowing the issues before trial saves significant time and money.
Courts can order parties to attend a Judicial Case Conference and may strongly encourage mediation, but they cannot force you to settle. However, unreasonably refusing to mediate can result in cost consequences if the matter goes to trial.
Multiple factors contribute: mandatory disclosure of financial documents, case conferences, examinations for discovery, expert reports, and a backlog of trial dates. Each step requires scheduling between parties, lawyers, and the court — and any contested fact adds more process.
Yes. Andrew Liggett holds the Law Society of BC's Family Law ADR Professional designation, covering both mediation and arbitration. Sea to Sky Law™ can act as your legal adviser during mediation, as the mediator, or as the arbitrator — depending on what your situation requires.