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adopted the code. At present, Hull says few estate lawyers are putting collaborative law on their list of ADR options and further education and training is required. This has also been recognized in Quebec, where collaborative law fits neatly under the umbrella of the Barreau du Québec's participatory justice move- ment launched in 2005. Martha Shea, co-president of the Quebec Collaborative Law Group, believes the services a lawyer offers to a client should contain a whole spectrum of negotiation styles including mediation, arbitration, and collaborative law. "That has been adopted as a legal motif. We are trying to line up more train- ing so all lawyers can offer it," says Shea. Presently, most training is being taken by family lawyers, and it is fair to assume that if more family lawyers did estate law, we'd see more collaborative law. In some places, the estate bar is completely separate and there is very little interaction with family lawyers. Jacinta Gallant, chair- woman of Collaborative Law P.E.I., says in her province the two groups do not move in the same circles. "It may be that estate lawyers haven't lived through mediation and collaboration as family lawyers have." Sheila Cameron, of Actus Law Droit in Moncton, N.B., says in her part of the country there is lots of cross-over in areas of law so the collaborative law training has affected all areas. "Since we started in 2004, the way we negotiate has changed. Instead of taking harsh positions from the start, we say: 'Let's be open and find the option that suits both parties.' We've transferred skills from collaborative law to all areas of negotiation and the court process, all for the better." Ann Soden, founder of the CBA elder law section, who is based in Quebec, says she does everything short of litigation in a col- laborative way, mostly before the fact in the course of planning for the end of life. "It's an excellent way of ensuring that wishes are followed. Witnesses are there in a family meeting and can address the question of competence and work out any misunderstandings. Documents can be rigid and don't explain the subtle- Key Developments in Estates and Trusts Law in Ontario 2010 Edition At the Forefront of Trust Published annually, this book brings together a team of leading practitioners who provide expert insight into the latest noteworthy developments in estates and trusts law in Ontario. Chapters include: • A View from the Bench by • Personal Trusts by • Taxation of Trusts and Estates by and • Insurance, RRSPs and RRIFs by • Powers of Attorney by Order your copy today Hardbound • 208 pp. • September 2010 On subscription $105 • P/C 0241140000 One time purchase $115 • P/C 0241010000 ISSN 1916-8349 canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. CL1010 Prices subject to change without notice, to applicable taxes and shipping & handling. 141 Adelaide St. W., Suite 1700 | Toronto, Ontario, CANADA M5H 3L5 Telephone: 416.369.1140 | Fax: 416.369.1517 www. C ANADIAN Law ye rmag.com OC T OBER 2010 51 ntitled-1 1 9/17/10 11:24:31 AM Call 416.369.1140 or visit www.hullandhull.com Suzana Popovic-Montag | Managing Partner Direct Line: 416.369.1416 spopovic@hullandhull.com | www.hullandhull.com At Hull & Hull LLP we are committed to keeping clients involved, informed and educated about their matter. We employ a wide range of media options designed to empower clients with legal and practical knowledge on estate matters. ties, especially in a complicated estate or where beneficiaries are treated dif- ferently." It appears estate law will evolve its own way of applying the model, prob- ably on a case-by-case basis, and it may well be "practising collaboratively" not "collaborative law" that holds sway in the end, driven by the anticipated increase in estate disputes. "We are seeing more and more disputes, not just when mum or dad die, but when they are still alive and have lost capacity," says de Villars. "That will increase due to sheer demographics as the baby boomers finally start to give in. This is another reason we should try and head it off with alternatives." Cameron agrees. "I think it will come in over the next 10 years as there are more estate disputes. The reality is that there are a lot of second marriages and people haven't done proper planning. It will be the same as when there was an increase in divorce litigation. Collaborative law will step in and meet the need." Melanie A. Y W ith contributions by a leading group of practitioners ach Susan Slattery Paul J. Gibney ... and more! Mr. Justice David M. Brown Mark A. Barbour M. Jasmine Sweatman Robin Goodman