Jennifer McPhee
Northern News Services

Yellowknife (Nov 15/02) - Family law lawyer Elaine Keenan-Bengts recently helped a client settle a family law dispute in just 10 hours using a new out-of-court process called collaborative law.

It was the first collaborative law case in the NWT.

"I felt it was very successful," said Keenan-Bengts. "It had been going on for almost two years through the court process with very little progress."

Medicine Hat, Alta., is considered the hot bed of collaborative law. There, the process has revolutionized family law.

"There are virtually no more family law cases before the courts," said Keenan-Bengts.

The process starts with both parties signing an agreement stating they will hire a different lawyer if the process fails and they go to court.

Then, the two parties and their lawyers meet, with the clients deciding what's important to them and how to address these issues.

They talk about possible solutions and eventually select one.

Nine NWT lawyers recently completed collaborative law training in Yellowknife.

For these lawyers, collaborative law requires a shift in mind-set.

Normally, lawyers take a position and run with it.

For example, a lawyer takes the position that a client should win custody or get the house.

But with collaborative law, parties list their interests --which could include financial security, or that the children are well cared for.

Keenan-Bengts said the method is more satisfying for clients. But it's also more satisfying for lawyers because it's not up to them to make an agreement -- it's up to the clients.

"It takes the pressure off," she said.

Helps in nasty divorces

Collaborative law isn't just for couples who divorce amicably.

"It will work for ugly divorces," said Keenan-Bengts. "The process works better than the litigation process for every divorce, except perhaps where there are serious abuse issues."

The territorial and federal justice departments and the Yellowknife-based Law Foundation shared the training costs.

According to Lucy Austin, the GNWT's senior advisor on family law, the government hopes collaborative law will reduce backlog at legal aid, cut costs, and encourage more lawyers to practise family law.

"It appears the process is faster," said Austin. "The disputes aren't drawn out over years."

Austin hopes clients start asking lawyers about the process.

Lawyer Betty Lou McIlmoyle said clients are reluctant to try it so far.

"They have this idea that they have to go to court," she said. "But there are other options ... I'd like the word to get out that word out that it's available."