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RESEARCH REPORT
The Emerging Phenomenon of Collaborative Family Law (CFL): A Qualitative Study of CFL Cases
2005-FCY-1E
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Dr Julie Macfarlane
Presented to:
Family, Children and Youth Section
Department of Justice Canada
The views expressed in this report are those of the author and do not necessarily represent the views of the Department of Justice Canada.
This report may be reproduced, in part or in whole, and by any means, without charge or further permission from the Department of Justice Canada, provided that due diligence is exercised in ensuring the accuracy of the materials reproduced; that the Department of Justice Canada is identified as the source department; and that the reproduction is not represented as an official version of the original report.
© Her Majesty the Queen in Right of Canada,
represented by the Minister of Justice and Attorney General of Canada,
2005
TABLE OF CONTENTS
A. The Decline of Cooperation
B. A Crisis in Family Legal Services?
C. Background to the Development of CFL
D. Collaborative Lawyering Groups: A Social and Professional Phenomenon
E. Principal Variations in CFL Practice
3. CFL OBJECTIVES, EXPECTATIONS AND MOTIVATIONS
A. Lawyer Motivations
B. Client Expectations and Objectives
C. Other Collaborative Professionals: Objectives and motivations
D. Mismatched Expectations? The Relationship Between Lawyer Motivations and Client Goals
4. THE NEGOTIATION EXPERIENCE IN CFL
A. The Structure of Negotiations in CFL
B. Sustaining a Cooperative Ideology in Bargaining
C. The Place of Emotions in CFL Negotiations
D. The Role of Legal Advice in Negotiations
E. The Impact of the Disqualification Agreement
5. LAWYER-CLIENT RELATIONSHIPS IN COLLABORATIVE LAWYERING
6. A MULTIDISCIPLINARY APPROACH
A. The Team Model
B. Client Use of Other Collaborative Professionals
C. Lawyer Attitudes Toward the Use of Other Collaborative Professionals
D. Inter-Professional Relationships
A. Comparisons Between CFL Outcomes and Traditional Litigation-Negotiation Outcomes
B. Value-Added Dimensions
C. Cautionary Notes
9. ETHICAL ISSUES IN COLLABORATIVE LAWYERING PRACTICE
A. General
B. Informed Consent
C. Case Screening, Including Safety Issues
D. Lawyer-Client Privilege
E. Pressure to Stay in the Collaborative Process
F. Lawyer-Lawyer Relationships
10. THE RELATIONSHIP WITH MEDIATION
A. The Relationship between Collaborative Lawyering and Mediation
B. What Collaborative Law Clients Say About Family Mediation
C. What Collaborative Lawyers Say About Family Mediation
A. The Achievements of Collaborative Family Law
B. Continuing Challenges for Collaborative Family Law
C. Policy Issues for the Provision of Collaborative Family Law Services
APPENDIX A
ENTRY INTERVIEW QUESTIONS
APPENDIX B
MID-POINT INTERVIEW QUESTIONS
APPENDIX C
EXIT INTERVIEW QUESTIONS
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