As we begin to gather again, much of the conflict that was hidden during the pandemic is now visible
Many of the dramatic conflicts of the pandemic were immediately apparent, like the crises facing hospitals and long-term care facilities. However, other disputes were invisible, occurring behind closed doors in homes as we endured lockdowns and remote work.
But as public spaces open up again, much of this conflict is now being seen in public.
For family law lawyers, the pandemic has caused more high-conflict cases in the courts. Nicholas Bala, a family law expert at Queen’s University, says COVID has created social anxiety and scope for disputes about online versus in-person schooling; safety and health protocols; and now, litigation about vaccination.
But, because of the court backlogs, families have been forced to be creative as well. Many “people are focussed more on resolution, out of the practical inability to access courts,” says Ryan Kniznik at Blaney McMurtry LLP.
Recent family law reforms have also put the onus on parents to work out their parenting arrangements in advance. Judges “want people to figure these things out without court intervention,” Kniznik says.
In employment law, employers asking their workers to return to the office are also navigating altered perceptions of work.
“A lot of people will have realized that they want to have more flexibility and be at home, take some time during the day to handle personal matters, look after the kids, and they’re willing to work off-hours to make up for it,” says employment lawyer Stuart Rudner. “It’s not as though they want to work less. They want to work differently.”
While workplace disputes are making their way to the courts, employment lawyers advise companies to remain flexible to avoid unnecessary conflict.
“You have to think, is taking a hard line on return to the office going to affect morale? Is it going to affect productivity?” asks Walter Pavlic at MLT Aikins LLP.
Both family and employment lawyers see a similar phenomenon — hidden disagreements coming out in public, yet a reluctance to use top-down dispute resolution.
While these disputes are undoubtedly challenging for those going through them, they are also an opportunity to think differently about fixing them.
