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Lecture 8

LEGL-280 Lecture Notes - Lecture 8: Collaborative Law, Parens Patriae

Legal Studies
Course Code
Jacqueline Devlin

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Mod. 8-9
Module 8
Alternatives to Court Action
1. Reconciliation counseling
Lawyer has a duty to advises client of services
S9 Divorce Act
Purpose is to help client reconcile with spouse
1. Mediation
Helps parties to come to their own agreement
Must be voluntary
1. Arbitration
3rd party arbitrator makes binding decision
1. Separation Agreement
Parties negotiate their own agreement (often through lawyers) and then
draft and sign a legal contract.
Need independent legal advice if dealing with any property
Should get it in any event to ensure contract is binding in the future
1. Declaration of Irreconcilability
Replaces Judicial Separation
Severs legal ties without ending marriage
1. Collaborative Family Law
Both parties use specially trained collaborative family lawyers and
agree to:
find more resources at
find more resources at
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