Collaborative Law and Estates Practice
Collaborative Practice is a concept and practice that for some time has been familiar to and used by family law lawyers in Ontario (since about 2000), but to date has not formed part of any estate lawyer’s practice. This may be changing soon.
On April 7, 2010 an information session is being offered to estates lawyers, where the nuts and bolts of Collaborative Law will be shown, together with how it might apply in an estates practice – whether as a litigator or an estate planner.
Collaborative Practice Toronto’s website and The Collaborative Family Lawyers of Canada website are helpful places to look if you want to learn more about this unique model being applied in the family law context. These sites note certain objectives, components and benefits to such an approach, which include:
· resolve family law disputes without going to court or threatening to go to court (spouses and both collaborative lawyers sign a contract agreeing not to go to court);
· find and focus on your common interests;
· remain focused on the best interests of children;
· understand each other’s concerns;
· ensure full and complete disclosure of all important information;
· negotiate in a principled, dignified and respectful manner;
· use informal discussions and conferences to settle all issues;
· explore as many options for settlement as possible;
· reach creative resolutions that best meet the goals and priorities of the individual family; and
· spend less time and money to settle matters (this practice is generally less expensive than litigation).
There are certainly differences between the dynamics and factors at play in estates disputes versus family law matters. It will be interesting to see if this practice will be formally introduced in the estates bar and, if so, whether it will be a workable and beneficial mechanism for all concerned.
Have a good day,
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Natalia R. Angelini – Click here for more information on Natalia Angelini