Note: In this article, the term “culture” is used broadly and is intended to mean anything and everything related to one’s customs, beliefs, behaviours and habits attributable to the make-up of who they are. It embraces the concept introduced to the writer by legendary professor Michelle LeBaron which appreciates that each individual person subscribes to several different cultures. Any one person may have a cultural component of themselves attributable to their age, surroundings, work, etc. Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowne ..read more

“There are few things more important than one’s name. It reflects one’s identity, individuality and human dignity.” Adam Dodek, “Mispronouncing names isn’t okay, and it has nothing to do with being ‘woke’” There’s a movement underway in the legal community to focus attention on the proper pronunciation of names in legal settings. There is a growing recognition that the proper pronunciation of names shows respect and is more inclusive. The minimal effort involved in promoting the proper pronunciation of names can result in a more welcoming and respectful hearing room. In 2022, the Law Societ ..read more

Access to justice applies to everyone. However, most formal access to justice initiatives focus (rightly) on people who are especially vulnerable due to poverty or very low income. IAALS (the Institute for the Advancement of the American Legal System) has just launched a new, organized network of individuals and organizations across the U.S. and in Canada who are committed to improving A2J for the “middle-class”. It is called the Above the Line Network (ATLN). The idea is to create a collaborative community to share ideas, resources and learnings and work together on innovative ways to meet t ..read more

“Cash rules everything around me, C.R.E.A.M. Get the money. Dollar, dollar bill, y’all” – Wu-Tang Clan While it gets skewed on tv, mediation involves the mediator having no interest in any particular outcome of a dispute. That scene in Friends where Ross “mediates” a quarrel between Monica and Chandler to keep them on track to move in together so that he can live with Rachel isn’t true mediation. A mediator would have nothing to gain whether Monica and Chandler live together or not. In real life, sometimes someone with a specific outcome interest takes on what may present as a mediator-like ..read more

My Dad, who passed away in 2006, had a collection of favorite sayings. At one point we packaged them up and listed the top 10 ala David Letterman. At the top of the list was the phrase “listen you might learn something”. Over the years I have begun to understand more deeply the wisdom of his words. Listening well is a key competency for being a good human. It is especially important for those in leadership and in the conflict management disciplines, such as law, mediation, arbitration. There are probably thousands of books and articles written on what effective listening looks like. I want to ..read more

In my last column I focused on the legal framework for addressing backlogs and delays in administrative tribunals. Before I start to explore the adjudicator’s toolkit for reducing backlogs and delays, I thought it might be worthwhile to start with what the parties and their representatives can and should do to assist in this rather large challenge. There is some truth to the perception that one of the parties to a dispute either wants delay or is ambivalent about it. However, that is not always the case. Sometimes resolving a dispute – whether you win or lose – is good for both parties. In ad ..read more

My mother instilled within me the mentality of not going along with what everyone else is doing. It is a fairly common parental lesson, really. Typically presented in the context of all of one’s friends jumping off of a cliff with the question posed of if you would, too. While I wonder why everyone is jumping – there might be good reason and that information is needed to determine the best course of action – Wikipedia explains the lesson as “a rhetorical question used to discourage the interlocutor from blind obedience”. There are no less than 20 articles already on SLAW about artificial inte ..read more

Reports of backlogs and delays in administrative justice processes are increasingly common. While the pandemic lockdown was a contributing factor to those backlogs, our administrative justice system processes may be contributing to and exacerbating delays in the delivery of administrative justice. What can tribunals do to improve the situation? In this column I will address some of the underlying principles or a framework for reducing both backlogs and delays. Principles provide guardrails around processes that will ensure effective and fair adjudication of disputes. We first have to start wi ..read more

The BC Family Justice Innovation Lab and its Youth Voices Initiative [Note 1] continue to support the ground-breaking work of the Transform the Family Justice System Collaborative. Last month, I attended the Youth Family Justice Conference, co-hosted by A2JBC, the Representative for Children and Youth, the Youth Voices Initiative, and the Society for Children and Youth of BC. Young people were involved in the planning, hosting and presentation of the entire conference and dozens attended both in person and online to consider how to improve their “meaningful participation” in decisions that si ..read more

As an original member of Ontario’s Condominium Authority Tribunal (CAT), I am convinced there is not a cat pun I have yet to encounter. I could be wrong but feel as though I have heard them all. From the Zoom Filter to the Litterbox With a spectrum of inspiration ranging from wholesome Dr. Seuss to the controversial Fritz the Cat, there have been good puns and bad. Clean and dirty. Supportive and insulting. Some have been witty. Some have made me groan. Too many have referenced nine lives. Not enough have referenced Garfield. I think my favourite involves someone purposely poorly pronouncing ..read more