Learning English with CBC Listening Lessons for Intermediate Students Based on the podcast “Manitoba This Week” Broadcast date: November 3, 2007 Teacher’s Edition: Lesson 8 Level:

Benchmark 5 and up

Topic:

Collaborative Family Law

Skill areas:

Listening, Speaking, Reading

Language tasks:

Listening – listening to a short interview for main ideas, details and inference Speaking – participating in a group discussion, expressing opinions, giving advice Reading – reading text for information, conducting an internet search

Language competencies:

Vocabulary Development, Pronunciation, Listening and Speaking Strategies, Sociocultural/sociolinguistic Competence

Extension Activities:

Giving advice to a neighbour about collaborative family law Discussing quotes and sayings about marriage Searching the internet for use of the idiom “there’s a shortage of”

Worksheets 1 :

1. Vocabulary match 2. Listening for detail – which sentence is true? 3. Phrasal verbs 4. Role play - giving advice on collaborative family law

Appendices:

Transcript of the podcast Listening for content words Quotes and sayings about marriage

1

Answers to worksheets are in the self-study version of the lesson plan.

Manitoba memo In Canada, divorce law is a federal responsibility. Up until 1968 the main grounds for divorce were adultery and cruelty. When the law changed in 1968, couples that separated for a period of time could obtain a divorce on the sole basis of marriage breakdown. They did not have to give reasons. Today, couples that have been separated for a year can apply to the courts for a divorce to legally end their marriage. The laws that apply to separation are provincial laws. These laws cover areas like parenting arrangements, financial support and division of property. Family law in Manitoba has a few basic rules. Married or common law couples share equally in the value of the things they own. Parents can decide child custody and parenting arrangements if they can both agree on the terms. If they cannot agree, the courts will make a decision based on what is in the best interest of the child. Parents have a legal obligation to support their children financially, whether they live with them or not. Pre-listening activities 1. Brainstorm to get students thinking about the topic Find out what students know about marriage and divorce in Canada and in their countries by discussing one or more of the following questions in class: Are the traditions around marriage and divorce in Canada similar to those in your country? How are they similar? How are they different? In Canada, just over one in three marriages end in divorce. In Asia, the divorce rate is much lower, while in the United States it is much higher. What about the divorce rate in your country? Do you think it is high or low? Why do you think there is such a difference in the divorce rates from one country to another? What are some things that affect the divorce rate? (For example: laws, religion, tradition, role of women, how long people live, etc.) What are some of the issues couples have to deal with if they decide to divorce?

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2. Introduce essential vocabulary Elicit/present key vocabulary that students need to understand prior to listening to the podcast (see suggested vocabulary and explanations which follow). You may do this by writing the words on the board and eliciting possible meanings from the class. You can also ask students to come to the board to mark the syllables and stress for each word, identify word families and practice pronouncing the words. If your students keep a vocabulary journal, they can copy the vocabulary into their journal. OR Begin by reviewing the instructions to Worksheet 1 and have students match the vocabulary to the meanings provided. Vocabulary collaborative family law Collaborative family law is a new way to resolve divorce. Couples do not go to court. They discuss issues with their lawyers and work out a settlement. divorce

In Canada, if a couple decides to legally end their marriage, they can get a divorce.

lawyer

A lawyer is a professional who is trained to know the law. Lawyers give advice, write agreements or represent people in court. The word attorney is sometimes used instead of lawyer.

Manitoba Legal Aid

Manitoba Legal Aid provides assistance to Manitobans who do not have the financial resources to hire a lawyer.

litigation

The process of taking a case or issue to court.

mediation

A process where a professional trained in resolving disputes tries to settle a disagreement between two people, groups or countries. In a divorce case, if mediation fails, the couple goes to court.

settlement

A settlement in a divorce case resolves disagreements over one or more issues. Settlements are in writing.

arrangements

A divorce settlement provides details about the plans for finances, child custody and other matters. These plans are called arrangements.

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3. Predict what the podcast may be about Ask students to predict what the podcast may be about based on the initial activities and vocabulary. Provide an example and some sentence starters on the board. I think they’ll talk about…marriage. They will probably talk about…divorce. I’m sure they’ll talk about… It probably won’t be about… While-listening activities 1. Introduce the podcast Tell students this podcast is about a new process to resolve divorce cases in Manitoba called collaborative family law. Terry MacLeod interviews CBC producer Ruth Shead to find out how the new process works. Ruth shares comments from two lawyers about why they think collaborative family law is a good alternative to going to court for couples going through a divorce. Play the podcast for the first time. 2. Listening strategy – listen for the content words Explain that content words are usually nouns, verbs, adverbs and adjectives, negatives, “wh” questions and demonstratives such as this or those. Content words are usually stressed, which means they sound longer and louder. Listeners can often determine the meaning of what is being said by focusing on the content words. Provide students with a copy of Appendix 2. Ask them to underline or highlight the content words in Marcy’s Markusa’s introduction to the story. Review the content words as a class. Play the podcast again, asking students to listen to see if the words they have underlined or highlighted are the words she stresses. Elicit from students the kinds of words that are not stressed in Marcy’s comments. Note that articles, conjunctions, prepositions, pronouns and auxiliary verbs are usually not stressed and carry less meaning. Listening strategy: When you are listening, pay attention to the content words. They are usually stressed and they carry the most information.

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3. Listen for the details Review the instructions for Worksheet 2 with students. Ask students to work in pairs to complete it. Correct the worksheet as a class or have students check their own work using the transcript. Post-listening activities 1. Review pre-listening predictions Ask students to quickly review the pre-listening predictions you wrote on the board. Was the class able to guess some of the content of the interview from the pre-listening clues? 2. Identifying phrasal verbs Write the following phrases from the podcast on the board or a flip chart. Tell students that each of these phrases contains a phrasal verb, that is, a verb which has two parts and looks like this: verb + particle (for example, off, up, out, on, in) Elicit examples of phrasal verbs ending in “up” or “out” from students. Explain that the meaning of the phrasal verb is often different from the meaning of each word on its own. For example, if someone says “I will look up the word in the dictionary” the phrasal verb “look up” has a different meaning than the words look + up. The following excerpts from the podcast use the same main verb to create different phrasal verbs. Ask students to guess the missing verb (work) and to explain the meaning of each phrasal verb. if couples and their lawyers agree they will _____ through the issues (line 6) they have to ______ out who gets the house (line 10) fewer than 80 lawyers are willing to ____ on divorce cases (line 30)

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There are several other phrasal verbs in the podcast. Ask students to listen again and try to identify the remaining phrasal verbs. Write the verbs on the board as students identify them and practice pronunciation. Then have students work in pairs to complete Worksheet 3 Other phrasal verbs: split up (line 10), sit down (line 17), come up (line 18), bring this in (line 27), tie up (line 34). Extension activities 1. Give advice to a neighbour who is thinking about resolving his/her divorce through collaborative family law Students work with a partner for this role-play. One student is the neighbour who is asking for advice, and the other student is providing the advice. To prepare, ask the students to read the background information on collaborative family law on Worksheet 4. Review any questions related to content and vocabulary with students prior to the role-play. Provide students with the role play outline and review the instructions. If you have time, students can reverse roles and complete the role-play a second time. You could also ask some of the pairs to perform their role-play for the class. 2. Discuss quotes and sayings about marriage Have students work in small groups. Ask each group to choose an index card (which you have created from Appendix 3). Write the following discussion guideline and sentence starters on the board. What do you think the quote means? I think the quote means that…… Do you agree or disagree with what it says? Why? I agree with what it says about…because… I disagree with what it says about…because… Tell students they can talk about their own marriage, their parent’s marriage or about what they know or have heard about other people’s marriages. Let the groups know you can assist them if they have difficulty understanding what the quote means. When they finish discussing a quote, take it back and let them chose another. At the end of this activity, you could also ask students to share sayings about marriage from their culture.

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3. Search the internet to see how the idiom “face a shortage of” is used In the podcast, Ruth says that Manitoba “faces a shortage of” divorce lawyers, which means there are not enough lawyers to meet the need. “Face a shortage” is a very common idiom and it is frequently used in news stories. Either in class, or as homework, ask students to search the internet for examples of how “face a shortage of” is used in news stories. For example, in a Google search on November 3rd, the first listing was about the United States facing a shortage of qualified workers. The second listing was about India facing a shortage of scientists and the third was about China facing a shortage of drugs for haemophiliacs. Ask students to find at least five different examples of how the idiom is used to share with the class. Want to know more? To find out more about Manitoba Legal Aid and the services it offers go to http://www.legalaid.mb.ca/ The Community Legal Education Association has information and publications available on family law and other legal issues. To find out more go to http://www.communitylegal.mb.ca/ Manitoba Justice publishes a booklet on family law. You can download it from their website. http://www.gov.mb.ca/justice/family/englishbooklet/index.html (Note: CBC does not endorse and is not responsible for the content of external websites)

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Worksheet 1 Select a word from below to match each meaning. The first one is completed for you. You can use a dictionary or the internet to help you.

divorce

The legal end to a marriage.

______________

Couples hire this professional to represent them in a separation or divorce.

______________

A new way for couples and their lawyers to work together to resolve issues in a divorce without going to court.

______________

A program which offers financial assistance to Manitobans who cannot afford a lawyer.

______________

The process of taking a case or issue to court.

______________

A process where a trained professional tries to settle a disagreement between two people, groups or countries.

______________

A written agreement between parties which resolves issues.

______________

A name for the plans for financial support, child custody and other matters in a divorce or separation.

divorce

arrangements

Manitoba Legal Aid

litigation settlement

mediation lawyer

collaborative family law

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Worksheet 2 Each of the boxes below contains two sentences. One sentence is true, the other is false. Listen for the details that will help you decide what information makes the sentence true or false. Changing one or two words can often change the entire meaning of the sentence. Ask your teacher to play the podcast as many times as needed to help you. The first one is completed for you.

a

b a

b a

b a

b

a

b a

b

Sentence Collaborative family law is a new way to resolve issues in a divorce.

T or F T

Collaborative family law is a new way to resolve issues in a marriage. In collaborative family law, the couple going through the divorce goes to court.

F

In collaborative family law, the couple going through the divorce does not go to court. Instead of going to court, the couple and their lawyers sit down together and work out an agreement. Instead of going to court, the couple’s lawyers sit down together and work out an agreement. According to lawyers who practice family law, the worst thing about the new process is that it cannot help the whole family. According to lawyers who practice family law, the best thing about the new process is that it can help the whole family. There are too few lawyers taking on divorce cases in Manitoba. There are too many lawyers taking on divorce cases in Manitoba. The collaborative family law process allows Manitoba to service more clients with fewer lawyers. The collaborative family law process allows Manitoba to service fewer clients with more lawyers.

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Worksheet 3 The following phrasal verbs are heard in the podcast. With a partner, discuss what each means in the context of the interview and then write down your answer. The first one is completed as an example. You can use the transcript and a dictionary to help you. 1. So say a couple is going to get a divorce, they have to work out who gets the house, how to split up the assets, when the children should get to see which parent, well legal aid will help them settle all of these issues without going to court. work out who gets the house = reach an agreement on who gets the house split up the assets = divide the assets 2. The lawyers are trained in both law and mediation, they sit down and have actual four way conversations where they work together to come up with a settlement. sit down and have actual conversations = ___________________ come up with a settlement = ______________________________ 3. So Ruth why did Legal Aid bring this in? bring this (collaborative family law) in = _____________________

4. When there aren’t enough family lawyers, more people act as their own lawyers and when people represent themselves, they are less likely to get the arrangements they want, it can tie up the court system, judges can even refuse to grant a divorce. tie up the court system = _________________________________

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Worksheet 4 (page 1) Background on collaborative family law Lawyers who use collaborative family law to resolve divorce cases describe the process as a kinder, gentler alternative to going to court. With collaborative law, the couple and their lawyers work together to resolve conflicts openly and fairly. Although each lawyer represents their own client, the focus is on determining what solution will be best for both of the clients and for their children. Some lawyers believe collaborative family law is the best process for divorce. It has quickly become very popular with lawyers and clients. Many prefer this process to a court trial, which often creates more harmful effects and bad feelings. The focus on resolving issues is particularly important where children are involved and the couple must continue to parent together. However, collaborative family law is not for everyone. Some critics say that couples want a “nice” divorce because it makes them feel less guilty about the breakdown of the marriage. Some couples need to fight and are not ready to forgive or trust their spouse. There are lawyers who recommend against a collaborative process if one partner is more powerful than the other partner or if they feel it is important for people to know the case will go to court if necessary.

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Worksheet 4 (page 2) This is your chance to practice what you’ve learned. Decide who will be the neighbour who is getting a divorce (neighbour #1) and who will be the neighbour giving this person advice on whether collaborative family law would be a good option for them (neighbour #2). Read through the suggestions on the worksheet and make some notes to help you respond. Feel free to add in extra information! The first line is completed for you. Neighbour #1 (greets neighbour #2) Hello, good to see you. How are things? Neighbour #2 (greets neighbour, answers that things are not going well)

#1 (asks if their neighbour is still planning to get a divorce)

#2 (says yes, tells them their marriage is over)

#1 (asks if they have heard about collaborative family law)

#2 (says they have heard about it, but don’t understand what it’s about)

#1 (explains reasons why collaborative family law is so popular)

#2 (asks whether collaborative family law would work for them)

#1 (answers yes, and explains how it benefits children)

#2 (asks if there are cases where the collaborative process doesn’t work)

#1 (explains why the collaborative process is not for everyone)

#2 (thanks neighbour, says they have some thinking to do) Lesson 8: Collaborative Family Law

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Appendix 1 Lesson 8: Collaborative Family Law Transcript Speaker

Podcast

Line

Marcy

Hello, I’m Marcy Markusa and you’re listening to Learning English with CBC. Today, you’ll learn about an area where Manitoba is a leader not only in Canada but around the world – it’s called collaborative family law. This is a new method to resolve issues in divorce. Couples and their lawyers agree to

5

work through their issues and not go to court. Terry

So so what’s Legal Aid doing?

Ruth

Well Manitoba Legal Aid is doing what’s called collaborative family law. So say a couple is going to get a divorce, they have to work out who gets the house, how to split up the

10

assets, when the children should get to see which parent, well legal aid will help them settle all of these issues without going to court. This is different than settling out of court through litigation because both lawyers and both clients sign an agreement from the very beginning of the process saying

15

they will not go to court. The lawyers are trained in both law and mediation, they sit down and have actual four way conversations where they work together to come up with a settlement. Rhonda Hercus is a partner with Monk Goodwin LLP. She’s the person who brought collaborative law to Manitoba.

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Rhonda

I’m able to build trust not only with my client but also with the other party. The four of us are there not trying to get an edge over the other person. What we’re there for is to try to find a solution that helps the whole family. For me it’s the only way

25

to do this well. Terry

So Ruth why did Legal Aid bring this in?

Ruth

Well this summer CBC reported that the province is facing a shortage of divorce lawyers. Fewer than 80 lawyers are willing to work on divorce cases, that’s less than half the

30

number normally employed by Legal Aid. When there aren’t enough family lawyers, more people act as their own lawyers and when people represent themselves, they are less likely to get the arrangements they want, it can tie up tie up the court system, judges can even refuse to grant a divorce. So they

35

have to do something. In 2004 Legal Aid Manitoba introduced the Collaborative Family Law Project. Cathryn Lovegrove is a supervising attorney at the Winnipeg law office. Cathryn

The thinking was that we would be able to service more clients with fewer lawyers if we used this process. The second objective of legal aid of course was to help clients resolve issues themselves with the help of social workers and child experts and some outside resources.

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Appendix 2 – Listening for content words Marcy Markusa says: Today, you’ll learn about an area where Manitoba is a leader not only in Canada but around the world – it’s called collaborative family law. This is a new method to resolve issues in divorce. Couples and their lawyers agree to work through their issues and not go court.

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Appendix 3- Quotes and sayings about marriage Cut out the following quotes and paste them on index cards or cardboard.

The best friend is likely to acquire the best wife, because a good marriage is based on the talent for friendship. Friedrich Nietzsche One of society's biggest problems today is that we've allowed relationships to be accepted as impermanent, particularly marriage. Unknown A marriage without conflicts is almost as inconceivable as a nation without crises. Andre Maurois Happiness in marriage is entirely a matter of chance. Jane Austen A good marriage is like a casserole, only those responsible for it really know what goes in it. Unknown What counts in making a happy marriage is not so much how compatible you are, but how you deal with incompatibility. Tolstoy Compromise, if not the spice of life, is its solidity. It is what makes nations great and marriages happy. Unknown In every marriage more than a week old, there are grounds for divorce. The trick is to find, and continue to find, grounds for marriage. Robert Anderson I figure that the degree of difficulty in combining two lives ranks somewhere between rerouting a hurricane and finding a parking place in downtown Manhattan. Claire Cloninger Often the difference between a successful marriage and a mediocre one consists of leaving about three or four things a day unsaid. Harlan Miller Married people are generally happier than single people. Unknown

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