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When Karen Thompson-Harry started out in law, she knew she wanted her law practice to focus on people. Today, her southwestern Ontario family law practice helps clients get through the emotional challenges of divorce in as relaxing and stress-reduced a setting as possible – mainly through arbitration, mediation, or collaborative law. "I look for a solution that meets the families' needs, interests, and common goals" says Thompson-Harry, "and one that's balanced, not imposed or coerced." Effective communication Thompson-Harry knows that every marital separation is difficult. Much difficulty stems from miscommunication, so she focuses on helping clients communicate more effectively with their spouses, a crucial skill for couples who continue to have contact with each other because they have children. "It helps them maintain a respectful relationship, rather than try to destroy each other," she explains.
"I assist in establishing common, important principles such as integrity, good faith, and effective communication skills and to find solutions that will help both parties come up with a resolution that is mutually acceptable. If necessary, I will refer parties to a third-party professional to assist them in developing more effective communication skills." Focus on mediation and collaborative law The primary way Thompson-Harry helps spouses improve communication with each other is through alternative dispute resolution. Mediation (in which the parties negotiate their own agreement with the assistance of a neutral third party) and collaborative law (in which both sides' professionals agree to work together toward a settlement) reduce the adversarial quality of divorce by helping clients resolve their cases out of court. "They are more respectful," she says. "The adversarial process is designed for extreme positions, bullying, and coercion. The legal model imposes values a legislator created and restricts the solutions available. But in mediation and collaborative law, parties bring their values to the table and custom-design the solution. These models ask: ‘What's most important to the spouses? What are their interests?' Parties can trade back and for the things they value in working out their agreement." Thompson-Harry is proud that the vast majority of her practice is in alternative dispute resolution. "Clients can focus on their interests and their common goals, rather than on a specific outcome," she explains. "It's different from the courtroom, where lawyers have to posture and take positions, not to mention the additional unneeded stress and emotional toll this imposes upon clients. Going through the court system is expensive, unpredictable, and worst of all, dysfunctional. Not many lawyers focus on mediation and collaborative law; some dabble in it, but you need a completely difference mindset to do it well. It has to be second nature to you." Equine law Thompson-Harry also has a passion for horses and practices equine law. This involves drafting contracts, such as "offers to purchase", "bills of sale", "leasing agreements", or litigation with respect to negligence (veterinary) or purchase and sale (gone wrong). Thompson-Harry believes the horse world is a very small world, full of interconnections. "It is also very emotional, as there are very strong attachments to our equine friends, and sometimes the parties lose their perspective." Thompson-Harry believes the collaborative model or the mediation model set out above can be used successfully to settle equine disputes. The lawyers assist the parties to identify their respective interests and goals, to acknowledge and listen to the interests and goals of the other side and be prepared to compromise. "Litigating these issues is an all-or-nothing game. People have an expectation that they will receive justice in court, but it is common knowledge among the legal profession that the best justice is achieved on the 'courtroom steps', that is, by reaching an agreement between the parties." She owns two dressage horses, one of which she competes on and the other she sponsors Tom Dvorak riding and competing on. Karen is a member of the "Officials Committee" of Dressage Canada. A casual office environment A unique aspect of Thompson-Harry's practice is the country setting in Erin, a relaxing and soothing place perfect for negotiation meetings. "Clients say the office has a peaceful aura," she says. "It's not a cold office tower. I'm not sitting behind a desk but at a round table next to you in my office. It's an inviting and supportive environment. It's more casual and relaxing, which helps reduce the added emotions of the client." A balanced agreement Through a more respectful divorce process, Thompson-Harry will help you and your spouse reach an acceptable, balanced agreement that should leave both parties with a feeling that they both had to compromise to reach a fair and equitable agreement. "When a couple is happy about their settlement, their communication has improved, and they feel good about how they treated each other, I know this process has been extremely successful." For more information or to book an appointment, please contact: Karen Thompson-Harry, B.A. (Hons.), LL.B. Karen Thompson-Harry has written the following article: FAQs: |
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