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w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 7 49 that collaborative law provides an avenue for resolving these issues that have to be addressed in order to resolve the legal problems. She says it's a question of getting out of the mentality that "we as lawyers drive the process." "If you step back and let them think about the options and what might work for their family, I have been amazed at what they come up with," Huddart says. "Yes, it might be a little outside the legal box, but who cares?" Within family law, collaborative prac- tice is now being used for prenuptial or marriage agreements. It can also be used in any area of law where relationships matter, Gallant says. That could include estate law, contract work or even labour and employment cases — areas where you have emotion and conflict and need dialogue. Collaborative practice might not suit everyone, however. Isaac says that, when deciding if a couple make good candidates for collaborative practice, she looks for red flags such as relationships with unequal power dynamics, which are common in relationships that experience domestic violence. Isaac also keeps an eye out for situa- tions where it looks like litigation will be needed to compel full disclosure from one spouse or the other, noting that putting it all on the table is a requirement for any conversation to be fruitful. "Court is the last option, but it is the option," she says. "Think of situations where there's urgency — a child is being abducted. You have to go to court and go right now. A spouse is financially dependent and being starved out and not getting spousal or child support — you can't sit there and try to negotiate, they're in dire need of support. In those cases, you will be running to court very quickly." Huddart agrees that the primary goal is clients' safety, and "if we can't provide that because of something that was happening, I would certainly send them to a lawyer for court — but, in my experience, urgent cases are few and far between." She points out that, even in an urgent situation, the lawyer would still have to prepare documents. "It doesn't happen overnight," Huddart says. Though the collaborative lawyers all agree litigation is an important part of the justice system and is needed to shape the law, in family law especially, there needs to be more acceptance of a different approach. Gallant points out that the CBA Futures Report identified that the future of the law practice will be lawyers acting more as guides and partners in helping clients resolve disputes, and Bayer argues there should be mandatory training in different dispute resolution options at the law school level and greater conversation about the value of the different processes. "We need strong litigators and we need excellent trials that advance the law, no question," Bayer says. "But lawyers have got to be able to offer the public different types of services which may have different costs and help them get to these out- comes differently." New Edition Consolidated Alberta Family Law Statutes 2017 Consulting Editor: Laurie Allen, B.A., LL.B. Consolidated Alberta Family Law Statutes 2017 contains the text of Alberta and Federal legislation and rules that form the basis of family law in the province. It includes the full text of the principle provincial family law legislation, updated with complete amending information, together with selected federal legislation. Equally important, the consolidation contains an extensive list of practice directions and notices essential to every family practitioner. Updated annually, this work is a complete and handy desktop and courtroom resource for all family law practitioners in Alberta. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 987866-65203 $135 Softcover approx. 920 pages June 2017 Annual volumes supplied on standing order subscription Multiple copy discounts available 978-0-7798-7866-6 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes © 2017 Thomson Reuters Canada Limited 00245EZ-A87742-NP AnyWhere AnyTime AnyDevice DM Tools Cloud for child and spousal support calculations. Pay Per Use and Annual Subscription options available. www.divorcemate.com 1.800.653.0925 Ext. 407 • sales@divorcemate.com Essential Tools for Family Law Professionals Straightforward, easy-to-understand printout. Instant, secure access to all of your client files at home, at work, at court. ntitled-3 1 2017-02-14 8:04 AM

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