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
SPEAKERS: 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 the public. The public will always express a preference for a “professional” to meet any particular need; ideally a regulated and credentialed service provider, and this extends to dispute resolution. While many mediators practice in regulated fields such as law, insurance and human resources, others are increasingly choosing mediation as a potential career path. If regulated, should we consider mediation to be a “profession” or a “practice”? Should mediators be regulated as individuals, or just the practice itself? If regulated, should there be a single regulatory body? Does mediation “belong” to any existing profession? Can mediators enhance their public profile and credibility through regulation? Can regulation protect the public who may be harmed by unqualified, incompetent or dishonest mediators? What are the various regulation models? Are any being used successfully in Canada or abroad now?
In this lively and interactive session, you will hear from experienced members of our ADR community who will address these topics, explore mediation legislation in other countries, reflect on your questions, and encourage you to share your own thoughts.
Lawrence Herman (“Larry”) is a Chartered Mediator, a member of the Canadian Academy of Distinguished Neutrals and a lawyer. He is a former ADRIO Board member (2013-2021). He retired from the ADRIO board after serving 4 consecutive terms.
Larry chaired the ADRIO Working Group on Mediator Standards, Qualifications and Competencies (2018-2019) and served on the Advocacy and Lobbying subcommittee on OMMP reform (2013-2015). A self-employed mediator since 2000, Larry mediates in business transactions, civil responsibility and insurance matters. He has also provided ombuds (banking) and ADR design services (insurance) to the Canadian financial services industry.
Larry practiced business and financial services law and litigation law for over 20 years in both Montreal and Toronto prior to launching his mediation career. He is a graduate of McGill University’s Faculty of Law National Program and Osgoode Hall Law School’s Master of Laws in ADR. First called to the Quebec Bar and bilingual, Larry is a member of the Law Society of Ontario (1986 to current).