It’s hard to keep up with the pace of change/disruption in the United States these days, but much of it is the culmination of a longer trend of an attack on due process rights that is clearly set out in a new book by Professor Brandon L. Garrett – Defending Due Process: Why Fairness Matters in a Polarized World. There are some lessons in this book for Canadians as well. I talked to Professor Garrett about the origins of the book: … It used to be that procedural fairness to concepts were central to legal education. … But over . . . [more] The post Due Process and the Rule of Law Under Attack ..read more

When issues arise in condos, there are benefits to working with those involved to address them. Collaborating offers advantages unavailable through an adversarial path – such as relationship preservation and creative, sustainable outcomes which extend beyond a tribunal’s jurisdiction. The Condominium Authority of Ontario offers an array of online resources to support collaboration, from communication guidance to help identifying issues, to understanding how the law applies to them and more. The CAO’s Condominium Authority Tribunal further encourages collaboration within its three-staged onlin ..read more

2024 has been a tough year. I don’t know about you, but I needed to end the year with something good to cling to going into 2025. The Advent season spurred a lot of talk about hope, so I looked for things that provided a glimpse of hope for the future of access to justice in BC and beyond. We are tired and need encouragement to keep working. The good news is that there is much to be hopeful about in the A2J space! Here are some links (Note 1) that crossed my desk in the last month showing recent . . . [more] The post Glimpses of Hope for A2J – in BC and Abroad appeared first on Slaw ..read more

Justice must be fair and impartial, but also must be seen to be fair and impartial – and inclusive tribunal processes are a big contribution to the sense of fairness that all participants in a tribunal proceeding are entitled to receive. Language – and people’s perception of that language – is an important gateway to fairness (and perceptions of fairness). Karen Yin has a website that focuses on the language of equity and has also recently published a book that serves as a useful guide to the use of what she terms “conscious language”: The Conscious Style Guide: A Flexible . . . [more] The po ..read more

Since the publication of the ADR Institute of Canada’s Med-Arb Rules in 2020, Med-Arb has become much more widely accepted as an integrated dispute resolution process in Ontario. Despite this many counsel and parties still have a significant degree of resistance to its use. In the best-known form of med-arb, a single neutral acts as both mediator and arbitrator. The process only transitions into arbitration if the mediation fails; in that case, the med-arbitrator conducts the arbitration and issues a binding decision. This process offers time and cost efficiencies over stand alone mediation a ..read more

Professor John Lande has just published a terrific article “Theory and Practice of Mediation Representation”. He has also posted a summary here. Professor Lande acknowledges that there is much more written about how to mediate (as mediator) than how to represent clients in mediation (as counsel). Given that it is very common for lawyers to support clients in mediation, he gathers the best existing literature on the subject and presents both a theoretical framework for analyzing mediation representation and practical techniques for lawyers to use. There are helpful tables and checklists descri ..read more

The Canadian Judicial Council (CJC) has issued ethical guidelines for judges on the use of social media. These guidelines could be a useful template for updating or expanding codes of ethics for tribunal members. In this column I identify some of the key parts of the guidelines as well as some of the shortcomings. The CJC defines social media, using the Oxford English Dictionary definition as its foundation:  … social media is defined as “websites and applications which enable users to [access], create and share content or to participate in social networking.” This definition encompasse ..read more

Artificial Intelligence (AI) has suddenly emerged as a disruptive force across numerous sectors, including the field of Alternative Dispute Resolution (ADR). The integration of AI into the mediation process holds the promise of enhanced efficiency, reduced costs, and improved access to justice. However, at this stage, it is virtually impossible to fully grasp the potential impact on mediation, both in its immediate and long-term effects. AI has been around since the 1950s and we are all familiar with it in one form or another. But GPT type AI is a different technology compared to earlier AI ..read more

“All people want and need to be Heard, Seen and Loved” (HSL). — In That Order — The Dalai Lama (Note 1) The Youth Voices Initiative (sponsored by the BC Family Justice Innovation Lab Society) is a youth-led group that has been working for over 7 years to advocate for children’s right to have their views heard about issues affecting their lives resulting from parental separation. Note 2 The United Nations Convention on the Right of the Child (UNCRC), Article 12 confirms that this is a RIGHT of children and youth – not a privilege granted by adults. In 2022, . . . [more] The post Momentum for ..read more

This column is a cautionary tale for adjudicators who use social media such as the platform formerly known as Twitter – although equally applicable to other social media platforms such as LinkedIn. In Law Society of Ontario v. Diamond, 2024 ONLSTA 8 (CanLII), the appeal panel of Ontario’s Law Society Tribunal, found that the current chair of the Tribunal should have recused himself from a conduct hearing based on comments he had made on social media prior to being assigned to the panel, related to the lawyer whose conduct was under scrutiny (Jeremy Diamond of Diamond & Diamond). Jeremy Di ..read more