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Reprinted from The Intelligencer* with
permission
February 27, 2003 Lawyers launch new direction
in divorce law
By Jack LeBlanc Special to The Intelligencer "Civilized divorce” has come to Quinte, say a group of local family lawyers. A group of 11 family law practitioners has launched a system called Collaborative Family Law in the Quinte region following completion by the lawyers of a recent two-day course. The session was taught by experienced collaborative law practitioners Marion Korn from Toronto, and Suzanne Brunsting from Rochester N.Y. California lawyer Pauline Tesler describes the process as “civilized divorce” that creates “win-win agreements.” Collaborative law provides techniques for resolving parenting, cash flow and property division issues. "I expect this to be the start of something very positive for Quinte area families in the throes of family breakdown,” Quinte Collaborative Law association president Karen Selick said. “The collaborative procedure offers a less expensive and far more peaceful alternative to traditional, stressful matrimonial litigation.” A contract commits estranged spouses and their lawyers to work co-operatively to resolve problems arising from a marriage breakdown. The estranged spouses agree in writing not to start court proceedings unless all efforts at negotiating a collaborative solution have been exhausted. The lawyers bind themselves contractually to withdraw if their client goes to court. "This ensures that the lawyers will try very, very hard to find solutions to the couple’s problems. Lawyers quickly realize that they can’t just posture or bully on behalf of their client. They have to be courteous and respectful to both sides or else one spouse will stalk off to court and the lawyer will lose a client,” Selick said. “The couple also realize how important it is to reach an agreement. If they donÕt they have to start all over again with fresh lawyers, wasting the legal fees they’ve already paid.” The collaborative process tends to produce more creative and individually tailored solutions. Lawyers make sure the spouses have the information they need regarding the law and guide them through the collaborative process. Actual solutions agreed upon come from the spouses themselves and are not imposed by a justice. Solutions may be similar to those imposed by a justice or may depart considerably from a “legal” model. Collaborative law applies equally to common-law and same sex couples who are ending a relationship. Local Collaborative Law practitioners include Trenton lawyer Heather Smith-McGurk, of Garrett Sioui; Brighton lawyers, Ben Ring and David Curtis; and Belleville lawyers, Jennifer Barrett, Wendy Elliott, Rodney Follwell, Rick Rolston, Sharon Leitch, of Reynolds O’Brien LLP, Wendy Malcolm of O'Flynn Weese Tausendfreund and Selick of Reynolds O’Brien LLP. For more information visit the web site at www.QuinteCollaborativeLaw.org * The Intelligencer is published in Belleville, Ontario, Canada Its website is here. |