ADRIC 2022 Session Description; Equity, Diversity & Inclusion Gatineau, Quebec • October 20, 2022 – 1:30 pm Trainer: William Cornet LLM (ADR), M.A, B.A, C.Med, ACC. FM. (OAFM) This interactive workshop explores the diverse forms of Equity, Diversity & Inclusion (EDI) that arise within organizations (with a strong focus on diversity in the workplace), and […]

ADRIC 2022 Session Description; Equity, Diversity & Inclusion Gatineau, Quebec • October 20, 2022 – 1:30 pm Trainer: William Cornet LLM (ADR), M.A, B.A, C.Med, ACC. FM. (OAFM) This interactive workshop explores the diverse forms of Equity, Diversity & Inclusion (EDI) that arise within organizations (with a strong focus on diversity in the workplace), and […]

ADRIC 2022 Session Description; Choosing an Arbitral Procedure That Suits YOUR Case Gatineau, Quebec • October 20, 2022 – 1:30 pm Presenters: Mark Crane and Sahil Shoor BIO: Recognized as “Top 40 under 40” in Canadian Construction in 2021 by On-Site and SitePartners and the “Next Generation Partner” by Legal 500 Canada 2022, Sahil Shoor, is […]

ADRIC 2022 Session Description; Choosing an Arbitral Procedure That Suits YOUR Case Gatineau, Quebec • October 20, 2022 – 1:30 pm Presenters: Sahil Shoor and Mark Crane BIO: Mark Crane is a partner in the Advocacy Department of Gowling WLG’s Toronto office. He is a member of the firm’s Commercial Litigation, Construction & Infrastructure, and […]

ADRIC 2022 Session Description; Is Regulating Mediators on the Horizon: the Good, the Bad and for Who?  Gatineau, Quebec • October 21, 2022 – 11:10 am Presenters:  Lawrence Herman and Paul Conway Mediators want to earn the respect of the parties they work with and, on a broader scale, gain the confidence and trust of […]

ADRIC 2022 Session Description; Is Regulating Mediators on the Horizon: the Good, the Bad and for Who?  Gatineau, Quebec • October 21, 2022 – 11:10 am Presenters:  Paul Conway and Lawrence Herman Mediators want to earn the respect of the parties they work with and, on a broader scale, gain the confidence and trust of […]

ADRIC 2022 Session Description; Adjudication in the Quebec Landscape Gatineau, Quebec • October 20, 2022 – 2:55 pm BIO: Pierre Grenier is a partner in the Litigation and Dispute Resolution group of Dentons’ Montreal office. His practice focuses on the construction, energy and commercial law sectors. Pierre represents owners and developers, general and specialized contractors, […]

ADRIC 2022 Session Description; Intro to Improv for Mediators – Comfort in Uncertainty, Joy in Collaboration Gatineau, Quebec • October 21, 2022 – 11:10 am Presenters : Richard Moore and Zoë Barrett-Wood BIO: Zoë Barrett-Wood is a mediator and facilitator with the Canadian Collaborative for Engagement and Conflict Management. She has a background in the […]

ADRIC 2022 Session Description; Intro to Improv for Mediators – Comfort in Uncertainty, Joy in Collaboration Gatineau, Quebec • October 21, 2022 – 11:10 am Presenters: Zoë Barrett-Wood and Richard Moore BIO: Richard Moore is the founder of MDR Associates Conflict Resolution Inc. with over thirty years’ experience in dispute resolution and conflict management. He […]

ADRIC 2022 Session Description; Ombuds, Reconciliation and Dispute Resolution Association of Dispute Resolution in Canada (ADRIC) 2022 National Conference Gatineau, Quebec • October 20, 2022 – 10:45 am – Noon The panel will discuss the approach in four jurisdictions to address these challenges and improve services and support Reconciliation. Panel Chair: David Paradiso, Deputy Ombudsperson […]

Governance: Conflict of Interest Policy The Governance Committee is pleased to advise that on September 19, 2022, the Board approved a Conflict of Interest Policy. The Policy applies to individuals employed by or engaged in volunteer activities on behalf of ADRIC, including but not limited to Directors, Committee members, and employees.

World Map of Courts Using Online Dispute Resolution This is a renewed reminder to contribute to and utilize the World Map of Courts Using Online Dispute Resolution. The National Center for Technology and Dispute Resolution has created a world map for courts that use online dispute resolution (ODR). So far, we have listed 150+ locations […]

BOOK REVIEW An Anatomy of Everyday Arguments: Conflict and Change through Insight Marnie Jull McGill-Queen’s University Press, 2022 ISBN-10 : 022800845X ISBN-13 : 978-0228008453 Reviewed by: Demi Peters, Q.Med This book is an academic look at what is called “the Insight approach” to conflict. In a brief but dense introspective piece, Jull examines four different [...]

  Multi-Step Dispute Resolution Clauses: Terms, Cases, and Takeaways By Timothy St. John Ellam, QC, FCIArb and Sandra Aigbinode Lange, ACIArb Multi-step dispute resolution clauses introduce escalating methods of conflict resolution, usually culminating in mandated arbitration. While these clauses can enhance dispute resolution efforts, they can also complicate proceedings by introducing uncertainty. For example, when […]

  Planning for and Avoiding Construction Disputes – Part Two: Managing Changes and Issues By George Jergeas, PhD., P.Eng. In Part Two of this article, we continue listing recommendations on dispute management that, if implemented, should reduce the likelihood of disputes during the construction phase of a project. In particular, we address ways of managing […]

  Breaking Log Jams in Commercial Litigation By The Honourable Barry Leon There are significant – arguably unacceptable – backlogs in processing and determining commercial disputes in Canadian courts. Businesses should not have to wait the lengths of time for which currently they must wait, to have their disputes adjudicated. They do not have to […]

  Will We Ever See Collective Arbitrations in Canada? By Alexandra Mitretodis and Paige Mueller The United States and Canada have taken very different approaches to collective arbitrations. US courts have upheld and strengthened the rights of companies to mandate arbitration, including collective arbitrations. It is common to see US contracts including class action waivers […]

  Arbitrating Intellectual Property Disputes By Michael Erdle, C.Arb, C.Med, FCIArb Many commercial lawyers automatically carve intellectual property out of arbitration agreements. However, many contract disputes include some form of IP and can be arbitrated just as effectively as disputes over any other commercial terms. Further, the carve-out can lead to some unexpected results. Some […]

ABA DR Tech Speaker Series! 7th September, 2022 / News / By Dr. Frank Fowlie / 3 minutes of reading Dear friends, We are back! We would like to reinstitute the monthly meetings, beginning in September. As before, we will generally use the 4th Wednesday of each month, at 12noon CENTRAL time in the US. (There are exceptions […]

New ODR-QAP approved: ADR Institute of Canada (ADRIC) 19th July 2022 / News / By Liliana Amione / 3 minutes of reading IMI is delighted to announce that ADR Institute of Canada (ADRIC)/ Institut d’arbitrage et de médiation du Canada (IAMC) has had its Online Dispute Resolution Qualifying Assessment Program (ODR – QAP) recognized as meeting IMI’s competency criteria required to provide the […]

https://irb-cisr.gc.ca/en/transparency/reviews-audit-evaluations/Pages/access-to-justice-virtual-hearings-mrap-2022.aspx     The Immigration and Refugee Board of Canada has released a report by the Cyberjustoce Lab at the University of Montreal which looks at the change from face to face hearings to online ones.   The IRB is Canada’s largest tribunal, and deal with the adjudication of refugees claims and immigration applications.  As […]

ODR Ethics and Standards: What Do They Mean to Our Practices?   Thursday, June 9, 2022 @ 11am-12:30pm EST An international panel moderated by Leah Wing & Daniel Rainey   Jointly sponsored by The National Center for Technology and Dispute Resolution & The International Council for Online Dispute Resolution   https://umass-amherst.zoom.us/j/98085295001 The National Center for […]

ICODR Standards With the rapid growth of ODR in a number of sectors it is vital to establish ethical standards to undergird the design, structure, practices, and implementation of global online dispute resolution systems. This simplified standard set builds on previous work by the National Center for Technology and Dispute Resolution on principles for ODR practice. […]

NCTDR Fellow David Bilinsky critiques the BC CRT.    

  Adding to Your Favourites: Expanding Your Personal Roster of Recommended Arbitrators By Melanie Gaston Most counsel seem to repeatedly recommend the same arbitrators drawn from very short lists of potential arbitrator candidates for every dispute. This article suggests ways to reliably diversify and grow those personal arbitrator rosters to better allow counsel and their […]

  Mediation Advocacy for Lawyers By John C. G. Lee, C.Arb Is mediation advocacy an oxymoron? After all, lawyers advocating in adjudication or in ADR would both be acting in the best interest of the client. The difference arises from the nature and process of mediation and thus the emphasis on a different skillset. Lawyers […]

  When Your Choice of Law Can’t Choose the Law By Kalie McCrystal The ability to choose a governing law often goes hand in hand with the ability to choose arbitration over litigation. But party autonomy has its limits. When non-contractual claims are raised in arbitration, applying the parties’ chosen law may prove problematic. For […]

  Planning for and Avoiding Construction Disputes – Part One By Dr. George Jergeas, P. Eng Many construction projects face considerable claims and disputes, along with increasing difficulty resolving such disputes in an effective, timely and economic manner. In part one of this article, we list some process-oriented dispute management recommendations, which if implemented, should […]

This marketing webinar series will consist of 5 webinars tailored to new and existing ADR practitioners. It furthers ADRIC’s goal of reducing barriers to entry for new practitioners, and increasing growth opportunities for current mediators, arbitrators and mediation-arbitrators. It is open to anyone who would like to join. 5 Webinars Beginning May 27, 2022 You […]

The National Center for Technology and Dispute Resolution has issued a paper, Framing the Parameters for Online Dispute Resolution introducing a framework for use in considering what constitutes ODR. With the recent burst in use of videoconferencing in dispute resolution during the global pandemic, growing interest in the application of artificial intelligence, and the development […]

Join us for the 21st annual international Online Dispute Resolution Forum  hosted by the National Center for Technology and Dispute Resolution & UCD Sutherland School of Law at University College Dublin, Ireland  Online and in-person (Dublin) May 3-5, 2022   Registration for in-person is open now and NCTDR and UCD Sutherland School of Law are pleased to offer free registration for […]

BOOK REVIEW Mediation and Popular Culture Jennifer L. Schulz Routledge, 2020 ISBN (print) ‎ 9780367181055 ISBN (e-book) ‎ 9780429059551 Reviewed by: Pat Bragg, B.A., B.Ed What a fun, dense, and important read about mediation! We are deceived at first by the slimness of Dr. Schulz’s stimulating book. This book covers everything important that there is [...]

BOOK REVIEW Don't Lose Sight: Vanity, incompetence, and my ill-fated left eye Genevieve A. Chornenki Iguana Books, 2021 ISBN (print) ‎ 978-1-77180-480-6 ISBN (e-book) ‎ 978-1-77180-481-3 Reviewed by: Heather Swartz, C.Med, M.S.W. In Don’t Lose Sight: Vanity, incompetence and my ill-fated left eye, esteemed arbitrator and mediator Genevieve Chornenki invites the reader into the pain caused [...]

BOOK REVIEW International Commercial Arbitration: A Comparative Introduction by Franco Ferrari and Friedrich Rosenfeld Edward Elgar Publishing, 2021 ISBN: 978-1-80088-280-5 Reviewed by: Eric Morgan, Q.Arb with additional commentary by Hon. Barry Leon Arbitration practitioners can pick and choose for each dispute the most appropriate aspects from various national dispute resolution processes and traditions, in addition [...]

I am delighted to announce the appointment of ADRIC’s new Executive Director, Gary Lacasse. Gary joins our organization bringing his leadership and business development experience to help us better structure our organization.  Through his communication and team-building skills, ADRIC will move into a new dynamic chapter where membership will be at the forefront of our […]

https://uncitral.un.org/en/disputesettelementcolloquium2022   Dates: 28 March 2022 (Monday) to 1 April 2022 (Friday) Venue: UN Headquarters, New York and online Time: 11:00 – 13:00 ; 15:00 – 17:00 New York time (Eastern Daylight Time) At its fifty-fourth session, the Commission requested the secretariat to organize a colloquium during the seventy-fifth session of Working Group II to explore the […]

Noam Ebner, of Creighton University, has provided an updated to-the-moment version of the ODR Bibliography awaits you at http://odr.info/publications/. Several dozen papers and chapters have been added to the list over the past few months.

Posts   Construction Claims and Disputes – Causes and Strategies for Claims Avoidance By George Jergeas, PhD., P.Eng. Many construction projects face considerable difficulty in resolving disputes in an effective, timely and economic manner. In this article, we provide a typical list of causes of claims and disputes that counsel and clients need to consider […]

  Investigations and the New Normal: Assessing Credibility and Reliability in Pandemic Investigations By Larissa Donovan At the beginning of the COVID-19 pandemic many employers wondered if they should just wait until it was over to pursue workplace investigations they knew were required. Respondents in these investigations and their legal counsel frequently argued that delay […]

  When Being Reasonable Is Not Enough By Sarah Péloquin and Kristina Mansveld International commercial arbitration is meant to be “final, expeditious, and private” with “very limited judicial oversight” – unless questions of the arbitrator’s jurisdiction arise. In lululemon athletica canada inc. v. Industrial Color Productions Inc., 2021 BCCA 428 (“lululemon”), the British Columbia Court [...]

  Mechanical Empathy: Journey to Empathy By Martin Golder A short tale of the author’s quest for real empathy and how it might be used effectively. Along the way, you’ll hear how ‘mechanical empathy’ is sometimes used when real empathy is absent. The author discovered practices that not only increase one’s empathy in practice but […]

  Implementing the Cultural Shift: How Courts can Compete With the Speed and Efficiency of Arbitration By James Reid Litigants have increasingly preferred to resolve disputes through arbitrations, which have fewer procedural requirements and produce quicker results than courts. The broad discovery that is automatic in litigation is subject to close scrutiny in arbitration. In […]

www.odrafrica.com info@odrafrica.com   Thursday 24 February 2022 at 17:00 (West Central Africa) ODR AFRICA NETWORK invites you to its monthly knowledge sharing   Topic of this month: ODR AS A BRIDGE FOR SOCIAL INCLUSION Click here to register: https://zoom.us/meeting/register/tJUtcuyhrT0qE93bmgouiK_SqumwBfayCnn0 Speaker               Alberto Elisavetsky               Founder and President of ODR LATINOAMERICA                             PROFILE ALBERTO ELISAVETSKY […]

The CEPEJ, via its working group on cyberjustice and AI (CEPEJ-GT-CYBERJUST), decided in 2020 to create a European Cyberjustice Network. On 16 November 2021, the CEPEJ officially launched the European Cyberjustice Network (ECN), in virtual presence of more than 100 experts appointed by their Governments, European or global professional associations, research and academic institutions. The network will […]

Los Angeles Superior Court Judge David Cowan has seen firsthand how contentious small claims cases can get. Self-represented litigants unfamiliar with court procedures often become frustrated with the way hearings are conducted, he says, and take it out on their opposition by engaging in irrelevant personal attacks… read more at online-dispute-resolution-promises-to-increase-access-to-justice-but-challenges-remain

  Multi-Tiered Dispute Resolution Clauses: Jurisdictional Issue? C v D, [2021] HKCFI 1474 – A Case Comment   By Douglas Harrison, FCIArb Multi-tiered, or step, clauses that call for parties to first negotiate or mediate disputes before going to arbitration, are relatively common. But if a party proceeds straight to arbitration, does the tribunal lack […]

  Hermeneutical Injustice—A Fancy Term for Just Plain Wrong   By Genevieve A. Chornenki, C.Arb, C.Med Dispute resolution practitioners use goal-oriented terms like substantive justice and procedural justice to describe the outcomes they hope to achieve. But what about hermeneutical injustice? What does that mean? As a complainant in a discipline process, the author learned […]

  Lessons Learned So Far From Our Mediation Practice Group Online   By Reiny Ortega Cubas, Q.Arb, Q.Med and Marg Romanow, Q.Arb, Q.Med Online mediation practice groups are a new safe way to provide opportunities to enhance mediation skills through role plays, educational sessions, and guest speakers’ presentations. A Mediation Practice Group (MPG) is a […]

  Mediating Workplace Complaints Prior to Investigations   By Paul Godin, C.Med, Steven Gaon, C.Med, and David Bennett, C.Med With the increasing use of investigations for workplace and other complaints, the high cost of such investigations has driven a new demand for pre-investigation attempts at mediation. The advantages and challenges of mediating such cases prior […]

  Inching Towards Clarity: Recent Judicial Commentary on Full Indemnity Cost Awards in Domestic Arbitrations   By Ariel Solose and Sean Gallagher This article discusses recent comments of the courts in British Columbia and Alberta about full indemnity domestic arbitration cost awards, and challenges to those awards. It is not uncommon for successful parties in […]