POSTPONED until FALL: Negotiation, Mediation, and Arbitration for the Insurance Professional
May 13, 2020 –
POSTPONED until FALL
The Ranchmen’s Club
710-13 Ave SW Calgary, AB
A joint presentation of the ADR Institute of Canada, the ADR Institute of Alberta, and the Alberta Branch of the Canadian Bar Association
A conference for adjusters, lawyers, claims handlers, brokers and underwriters.
Accredited by the Alberta Insurance Council for 6.5 hours of CE credits
Participants will learn how to:
- Understand principled negotiation
- Identify the win-win in all negotiations
- Overcome roadblocks to agreement
- Use negotiation skills through practice with experienced instructors/coaches
- Understand mediation and judicial dispute resolution (JDR), and their differences
- Know when to seek either mediation or JDR during a dispute
- Prepare for and maximize the benefits of mediation and JDR
- Understand the fundamentals of arbitration and umpire proceedings
- Maximize efficiencies in arbitration and umpire proceedings
- Choose and appoint an arbitrator or umpire
- Enforce arbitration results
8:30 to 9:00 am: Registration
Please note: tardy arrival to or early departure from any presentation will preclude the issuance of a CE certificate for the seminar.
9:00 am – 12:15 pm: Negotiation (includes 15-minute break)
Negotiation is the process of communication intended to reach an agreement where parties have some shared interests and some that are opposed. Many negotiations proceed based solely on intuition, but you can be more strategic. Far better to negotiate based on the merits rather than on what parties say they will or won’t do.
- Interest-based negotiation
- ‘Getting to Yes’ model
- How to prepare for negotiation
- Creating a collaborative process
- Gathering all the needed information
- Generating and evaluating options for agreement
12:15 – 1:00 pm: Lunch - provided on-site
1:00 – 3:00 pm: Mediation
Mediation with the assistance of a trained independent neutral facilitator is a timely and economical way for parties to resolve conflict. It is a process based on promoting cooperation and communication for the resolution of disputes and the preservation of relationships. The involvement of an unbiased and neutral third party helps parties focus on the real issues, use principled negotiation, and avoid positional bargaining. A mediator can help multi-party disputes by being a repository of confidential information and offers to avoid relational bargaining.
- What is it?
- Different styles of mediation (from facilitative to evaluative)
- Caucusing with parties
- Combine with arbitration (med/arb)
- Why use it?
- Helps break impasse
- Focuses everyone on resolution
- Utilizes interest-based fundamentals
- Shortens the length of disputes
- In litigation, stops the cost
- When to use it?
- How much information is enough?
- Before positions become hardened
- When deadlines approach
- Maximize the benefit
- Be prepared
- Be a principled negotiator
- Express empathy, regret, explain constraints
- Make full use of the mediator
- Pros and cons of offer strategies: extreme start positions, small or large movements
- Pitfalls and recovery strategies
- Examples of cases resolved through mediation
- Comparison with JDR
3:00 – 3:15 pm: Break
3:15 – 4:45 pm: Arbitration (and Umpire Proceedings)
Arbitration is a private process for having a neutral third party or parties decide the outcome of a dispute. The parties can choose the arbitrator(s) and set their own process and rules. The result is binding and can become a court judgment.
- What is it & Why use it?
- Secret and confidential
- When to use it?
- Coverage issues
- Interpretation of contracts: commission
- Costs after a settlement
- Performance/breach of contracts
- Damage assessments/valuations
- Uninsured motorist claims (shall)
- How to use it?
- Maximize the flexibility
- Do not replicate litigation
- Evidence-first process
4:45 – 5:30 pm: Reception sponsored by McLennan Ross
$350 plus GST includes lunch, refreshments and reception!
The Ranchmen’s Club offers corporate rates at several Calgary hotels. Call 1-866-228-3885 or email email@example.com for details.
The organizers reserve the right to cancel the event if less than the minimum required participants have registered. Liability is limited to the registration fee.
Barb Cornish, C.Med, C.Arb
As a litigator, Barb has appeared at all levels of court, including the Supreme Court of Canada and a wide variety of statutory and appellate tribunals. For 15 years Barb has focused her practice on mediation and arbitration. Through her work, Barb has been honoured as a Distinguished Fellow of the International Academy of Mediators. Between 2011 and 2019 Barb was included in the Best Lawyers in Canada for Alternative Dispute Resolution. In 2014, she was named Lawyer of the Year (Alternative Dispute Resolution) by Lawyer Monthly.
Terry Daniel, PhD, SM, BEng
Terry is a faculty member of the Alberta School of Business. He has won the School of Business’s major teaching awards and has on several occasions been selected as the top instructor in the MBA program. He has taught operations management, bargaining and negotiations, decision analysis, game theory and competitive strategies. In addition, he has offered decision analysis and negotiation workshops and consulted for organizations in engineering, energy, business, various levels of government and more.
Edward W. Halt, Q.C.
Ed is a seasoned litigation/dispute resolution
professional with 30 years of experience practising civil litigation, with an emphasis on professional liability representation, directors’ and officers’ representation, as well as corporate commercial, securities and franchise litigation. He also has regularly practiced in the areas of insurance
law, insolvency, construction and product
liability litigation. He has extensive experience in alternative dispute resolution through mediation, arbitration and fact finding, both as advocate and as the neutral dispute resolution professional.
Bob McBean, Q.C., C.Med, C.Arb
Bob has practiced civil litigation primarily in Alberta since 1978. Since the early 2000s, he has focused his practice on the mediation and arbitration of commercial and insurance disputes.
He has mediated hundreds of Queen’s Bench matters including personal injury, insurance, commercial disputes, shareholders disputes, construction, employment, and professional liability matters. He also carries on an active commercial arbitration practice in a wide variety of disputes.
Gary Selby, C.Med, C.Arb
Gary has been practicing in a wide range of ADR services since 1999. His ADR practice has included over 750 mediation sessions in many areas such as government, commercial, corporate, community, workplace, and court sanctioned. Gary graduated from the University of Saskatchewan in Geological Engineering in 1974 and expanded his career to encompass the ADR field. For many years, he has served as a mentor for the Department of Justice mediation programs throughout Alberta.
Sabri Shawa, Q.C. FCIArb
Sabri is an arbitrator, mediator, negotiator, and litigator. He has practiced, in Calgary, for nearly three decades. Sabri has mediated claims arising out of everything from car accidents and medical malpractice to a wide range of issues including construction and design, equipment failures,
and fires. Sabri has mediated disputes among shareholders and between companies in respect of all manner of things. Sabri has also been hired several times as an umpire under s. 519 of the Insurance Act of Alberta.
Michelle Simpson, C.Med, C.Arb
Michelle is a Lawyer, Chartered Mediator and Chartered Arbitrator. Michelle has arbitrated nearly 100 cases since 2011 and has mediated countless numbers of issues associated with a wide variety of topics. Michelle teaches the ADRIC sponsored National Introductory Arbitration course in Edmonton as well as the Preliminary Hearing ADRIA sponsored course for Arbitrators and has been a guest speaker at many local, national and international conventions on a variety of topics including the use of ADR to resolve conflict.