Marie Nickle
By Marie Nickle, LL.B., LL.M, Acc.Fm.
The Collaborative Process is my favourite dispute resolution process because lawyers are present in the process to not only problem solve for clients but to protect their individual legal interests throughout. Mediation is a good process, but lawyers are often not present so that when the parties attend ultimately to obtain independent legal advice, because the lawyers’ thought processes have not gone into the construction of the Agreement, they are more likely to find problems due to their lack of understanding of what is ultimately important to the client.
The Collaborative process is a “one stop shop” and accordingly, more effective. If Mediation included the lawyers more often, it would be a better process, in my opinion. I base this on a recent experience where I facilitated a mediation that included the lawyers, who were extremely helpful in narrowing the issues and helping to generate some options. The lawyers then went on to work together to generate a legally binding agreement for the parties. They worked extremely well together and both parties appreciated the “service” provided to them by their lawyers in helping them to resolve.
Marie B. Nickle
The Galleria
204-1715 Lakeshore Rd. West
Mississauga, Ontario L5J 1J6
Profession: Family Law Lawyer, Mediator, Collaborative Trainer
Tel: 905-823-1232
Fax: 905-823-7104
mariebnickle@bellnet.ca
www.mbnlegalresolutions.com