Collaborative Law

The Collaborative law is a new area of the Family law. Do not hesitate to contact Ms. Pascale Gouin, lawyer, for more details concerning this expertise.
The first premise of collaborative law is that the majority of cases are settled out of court. Therefore, for collaborative lawyers, the explicit goal of partners who separate or divorce is to reach a settlement. As its name indicates, this practice requires that the parties and their lawyers collaborate.

The second premise falls back on the fact that since the majority of cases are settled out of court, why not start negotiating the issues from the very beginning.
Collaborative family law is a process of negotiation which involves four persons, the two parties who negotiate the terms of their divorce or separation and each of their collaborative lawyers who counsel them and assist them in their negotiations.

The four-way negotiations are always held in a spirit of collaboration. The goal of collaborative lawyers is to place as much importance on the discussions, exchanges and negotiations as on the settlement. If the negotiations fail, the collaborative lawyers withdraw from the file, and the spouses or partners shall retain lawyers for the litigation.

Did you know that ...

The contractor, architect, engineer or subcontractor who have, as the case may be, executed, directed or overseen the work, cannot contractually be exempt from liability for loss arising in the period of five years following completion of the work, due to a defect in construction, design, or execution of the work, or a soil-related defect.

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Publications

2016 July 11

Non-competition and exclusivity clauses are having a hard time

On January 19, 2016, the Superior Court looked into a litigious situation which emphasises the importance of properly writing non-competition and exclusivity clauses, and the burden it can be to ensure they are respected.

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Team

Pascale Gouin
Pascale Gouin
Ms. Gouin practises civil and commercial litigation. She pleads before the different levels of Quebec tribunals.
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