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COLLABORATIVE PRACTICE IN THE CANADIAN LANDSCAPE
Author(s) -
Cameron Nancy
Publication year - 2011
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2011.01365.x
Subject(s) - statutory law , negotiation , statute , confidentiality , alternative dispute resolution , government (linguistics) , dispute resolution , political science , law , process (computing) , public relations , computer science , philosophy , linguistics , operating system
This article looks at the growth of collaborative practice in Canada in the last decade and the legal and Canadian cultural underpinnings influencing this growth. Government recognition of and support for collaborative process has come from both the federal and provincial governments. Statutory support in family law statutes and in ethical standards for lawyers encourage alternate dispute resolution and have helped normalize consensual dispute resolution options. The article also looks at decisions from Canadian courts relating to the practice of collaborative law, including the confidentiality of collaborative process negotiations as set out in the participation agreement and the standard of care necessary for collaborative lawyers.