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Login to watch this video if you have a subscription. Learn more about subscriptions.This panel offers a practical and persuasive overview of collaborative practice in family law as a structured, interest-based negotiation process that creates a safe, respectful, lawyer-supported path to settlement while keeping clients fully informed of their legal rights and obligations. It highlights the governing role of the participation agreement, including the withdrawal provision if litigation begins, distinguishes collaborative practice from mediation by stressing that each party remains represented throughout, and places the process within the statutory framework of s. 7.7(2) of the Divorce Act, which requires legal advisers to encourage appropriate family dispute resolution. It also invokes Geremia v. Harb as a reminder that parenting disputes often call for objectivity and practical judgment beyond strictly court-based decision making. Its strongest practical takeaway is the value of a coordinated team, particularly neutral family and financial professionals, to address parenting concerns, emotional regulation, disclosure, privacy, support scenarios, tax and retirement planning, and the careful design of meetings, all in service of a more flexible, efficient, and durable separation agreement.
Jim is the President of Collaborative Practice Ottawa. He is a founding member and a practitioner of Collaborative Practice since 2002. He has spoken extensively regarding Collaborative Practice and Family Law, including presenting to judges, to other practitioners and to financial planners. Jim is a partner at Low Murchison Radnoff LLP and was called to the Bar in 1990. He has practiced as a general practitioner in Eastern Ontario and Ottawa since that time. The largest part of his practice is focused on Family Law and he encourages clients to consider appropriate issue resolution processes outside of the court process. He continues to work on adversarial files as well. He is also a trained mediator. Jim is divorced. He is the father of two adult children. He resolved his legal issues with his former spouse outside of the court process, for which he is grateful. Jim is pleased to have the opportunity to speak to members of the bar about resolving issues outside of the court process.
Carol manages a boutique firm serving a high-net-worth client base and works in association with senior portfolio managers, tax specialists and law firms to provide family office service to clients. Carol assists clients through major life transitions such as divorce, the death of a family member, or retirement, where expert financial advice is needed. Carol is a member of the Collaborative Divorce Ottawa Board. Her collaborative work focuses primarily on business owners or their spouses during divorce. Carol is an avid sailor and sails her Mirage 29 out of Kingston, Ontario.
Caspar was called to the Bar in 1990 after obtaining his LLB from UOttawa in 1988. He has worked in small, medium and large firms for over 35 years and gained valuable litigation and ADR experience from many respected colleagues. After nearly a decade of personal injury litigation, in 2000, Caspar fully transitioned into family law. In 2018, Caspar started his own law practice. His legal practice is now exclusively focused on Mediation, Collaborative Family Law and other forms of out-of-court dispute resolution. Caspar is an accredited mediator with the Ontario Association of Family Mediators (AccFM (OAFM)) and a trained and experienced panel member with Collaborative Divorce Ottawa (CDO). Caspar is a member of the Law Society of Ontario, OAFM, CDO and CCLA and has served on the Boards of several professional and community organizations.