What is Collaborative Family Law?
Video: What is Collaborative Family Law?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
And in the field of Family Law, the concept of collaborative is to be compared to the opposite word which is adversarial. So the legal system is adversarial. Two people come to court with lawyers, one makes one argument, the other makes a contrary argument and you hope that the judge will find the truth somewhere in the middle and make a decision. Whereas in Collaborative Law, you’ve got the two lawyers with the two spouses working together as a team. The lawyers serve more the role of a coach than as an advocate. The idea in collaborative family law is that the clients, the spouses can say what they want, they can speak for themselves. The job of the lawyer in a collaborative family law situation is to give advice, to give some guidance, to coach, but to ultimately keep people focused on the “carrot”, and the “carrot” is a resolution. … (click here for more)
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(’First Take Live’ video clips courtesy of Dan Carter Productions. Original Broadcast: 2007) About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available. |
