Law Times

LaW TIMeS • SePTeMBeR 8, 2015 Page 13 www.lawtimesnews.com "The emergence of alternatives to the court system is one of the biggest changes I've seen in fam- ily law, and I think the further de- velopment of appropriate dispute resolution is the way of the future." According to Yemensky, old- fashioned adversarial court battles still have their place. But that op- tion only works for an increas- ingly small group of litigants in the highest-conf lict cases, he says. "The court has a real role to play in providing direction in those cases where there is no opportu- nity for the parties to co-operate on anything," he says. "Last year, we had a case where one of the issues before the court was the colour of the child's eyes. The parents couldn't agree whether they were blue or green for the purposes of a pass- port application. In a case like that, there's no way any kind of co-operation or collaboration is going to help, so they asked the court to step in and decide." Yemensky says family law boutiques' embrace of alternative dispute resolution is in part an an- swer to clients' demands for a less destructive option than court. He says clients are often concerned about ongoing relationships with former partners and now tend to see the court as family law's nucle- ar option due to the extreme time and cost associated with it. "When you're dealing with a family that's falling apart, you want to come up with a solution that allows people to go to their kid's concerts, to graduation, and to sit at the head table at their wed- ding without wanting to disem- bowel each other," says Yemensky. "I guarantee that if mom and dad went to court, they won't be able to go together at the head table." A number of lawyers at Markham, Ont.-based Feldstein Family Law Group offer col- laborative family law services. Principal Andrew Feldstein says the number of cases he takes to mediation and arbitration has ballooned over the last decade. "People want resolutions faster than they did 20 years ago." He believes the concentration of expertise that comes with a bou- tique law firm makes it the perfect environment to offer the full range of approaches to clients within the narrow confines of family law. "I find people in this day and age prefer a person or a law firm that does one thing and does it right rather than doing a whole bunch of things," says Feldstein. Cheryl Goldhart, president of Toronto law firm Goldhart & As- sociates, witnessed the rise of bou- tique firms in family law at close hand, having left Gowling Laf leur Henderson LLP, one of Canada's largest firms, to set up her own practice more than a decade ago. "I think clients prefer a bou- tique setting [rather] than walking into a giant firm. For the lawyers themselves, they don't need that kind of overhead," she says. Goldhart also found herself ahead of the game as alternative dispute resolution swept the fam- ily law bar. Before her call to the bar in 1987, she had completed a master's degree that included a thesis focused on mediation. Three decades on, almost half of her practice involves mediation and arbitration with Goldhart acting as mediator or arbitrator. "That entire area has blos- somed and grown exponentially since I started out. It's endorsed by the courts, who have worked with the bar to make the whole process more streamlined," says Goldhart, who also works as a dispute reso- lution officer at the Ontario Supe- rior Court of Justice and chairs the committee of dispute resolution officers based in Toronto. "I think family lawyers are mindful that if a resolution is pos- sible, it's always going to be better for a client than litigating," Gold- hart adds. Even at firms known for their litigation prowess, alternative methods of dispute resolution are a key part of a family law practice, according to George Karahotzitis, a member of the family law group at Thomson Rogers. "Our repu- tation is that we do litigate quite a bit and we like to see the inside of a courtroom, but that's not the whole story," he says. "In my view, it's mandatory for every litigator to have the skills to not only litigate but also to mediate and negotiate in order to effectively service your client's needs." LT BRIEF: FAMILY LAW BOUTIQUES TF: 1.888.223.0448 T: 416.868.3100 Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. www.thomsonrogers.com YOUR ADVANTAGE, in and out of the courtroom. (YHU\WLPH\RXUHIHUDFOLHQWWRRXUßUP\RXDUHSXWWLQJ \RXUUHSXWDWLRQRQWKHOLQH,WLVDOODERXWWUXVWZHOOSODFHG TRUST SLOAN MANDEL | DARCY MERKUR | DEANNA GILBERT Untitled-5 1 2015-09-02 12:44 PM The annual Canadian Lawyer Corporate Counsel Survey. canadianlawyermag.com/surveys In-house counsel – weigh in on your relationship with external law firms, alternative fee arrangements, and more. DEADLINE SEPTEMBER 14 LEGAL OPINIONS WANTED! Untitled-3 1 2015-09-02 12:31 PM Alternatives growing as clients seek to avoid court Continued from page 12 Jeffrey Lem digs up the dirt on real estate law in his monthly column Insightful commentary

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