Canadian Lawyer

12 J u n e 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m RegionAl wRAp-up B.C. family law lawyers opting out of court work A growing number of family law lawyers in British Columbia are saying no to court work and going home happy. The reason? They are turning to collaborative law and mediation as a lower cost and less stressful alternative for both lawyers and family members involved. Kelowna family law lawyer Bev Churchill, a 23-year veteran who now practises collaborative law and media- tion, told new clients two years ago she would no longer do family law courtroom work. "I thought I would be sitting around twiddling my thumbs," she says. That hasn't been the case. The new B.C. Family Law Act, passed in November 2011 and in full force by March 2013, stresses mediation before court action, but it has also made many families aware of alternatives such as collaborative law and out-of-court options. In collaborative law, each party is represented by a lawyer, agrees not to go to court, information divulged in the process cannot be used in any sub- sequent court action if collaboration doesn't work out, and lawyers work as a team, often with other family profes- sionals, towards a settlement in the best interest of all family members. "Most people do not want to get involved with litigation," Churchill says, adding many of the family law practitioners in her area are just opting out of the tradi- tional style of settlement through court litigation. She says the adversarial system sim- ply does little to smoothly move clients through divorce, separation, and child custody where settlements need to be achieved. In addition, these individu- als often need other kinds of counsel- ling such as mental health counselling, financial information, or support with children who are struggling with the family's break up. "We as lawyers are not equipped to do that," she says, adding that is why she belongs to the Okanagan Collaborative Law Group, an association of professionals (including 15 lawyers) that can deal with all facets of divorce or separation. Having a collaborative approach to dealing with the whole realm of diffi- culties in a divorce or separation makes the lawyer's job much easier. The lawyer also goes home less stressed, happier, and, like the client, more in control of the situation, she notes. Such collaborative groups are becoming more common and range throughout B.C. But, they are also lead- ing to lawyers situating in the same office with other service providers. Vancouver's Lisa Alexander is now one of four lawyers who share offices in the Collaborative Centre, started in 2004, with two mental health professionals she calls "divorce coaches." She says she knows of one other firm in the B.C. Lower Mainland that has partnered with support workers. She feels lawyers sharing space with associated profes- sionals is the way of the future in fam- ily law. "We are six separate businesses under the same roof," she says, with each centre professional a shareholder. "The whole reason we decided to do it was to give the client the support they needed in the same physical location." The impact? "It is a thousand times easier," she says, as the collaborative approach has resolved many of the emo- tional issues for both clients and law- yers. "The interdisciplinary approach is like getting a whole new set of tools to work with and how to look at families." She says clients come in emotionally "raw" and the old adversarial system does nothing to heal that rawness so solutions can be sought. Alexander says she enjoys the libera- tion her decision not to do court work brings into her life. "I have so much more control over my life". It also works for the clients, who can set their own pace in achieving goals. "It is almost an empowerment process," she says, as short- and long-term needs can be discussed and worked out. While collaborative law is not new, "we are seeing it growing and growing" she notes, and Vancouver is gaining a reputation worldwide. Vancouver's Nancy Cameron is a collaborative fam- ily law pioneer in B.C. In 1999, "we put a group together" and in 15 years, its influence has spread to other provincial groups (the East Kootenays, Interior B.C., and Victoria), and across Canada, says Cameron. As many as 95-97 per cent of cases will be settled out of court, she says, although it can be on the courthouse steps or prompted by one party becom- ing financially exhausted. "So why do we have a litigation paradigm structure Bev Churchill will no longer be doing family law courtroom work.

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