The ADR Institute of Canada (ADRIC) and The Canadian Collaborative for Engagement & Conflict Management (CECM) have united on a new, ambitious and practically-focused program in support of mediators and arbitrators offering services online. This program has been developed by Colm Brannigan and Marc Bhalla, who each have a Master of Laws from Osgoode Hall Law School in Dispute Resolution and focused their academic research on Online Dispute Resolution. Colm and Marc have been practicing ODR long before the COVID-19 pandemic and believe that there is a great deal more to addressing conflict remotely than getting a videoconferencing account.
This in-depth, interactive program will highlight what is unique about addressing conflict online. In its practical focus, attendees will be walked through online mediation and arbitration processes, from engagement to conflict closure. Unique challenges and opportunities will be discussed and creative ways to make use of various technologies to enhance the process demonstrated.
Whether this is your first foray into the world of ODR or you are well versed in it, you will be able to enhance your practice by taking this unique 10-hour program. The program will be presented through an introduction and 3 modules, over the dates below.
LL.M (ADR), CCI (Hon’s),
C.Med, Q.Arb, MCIArb
Format: This course will be presented online via Zoom.
Required Equipment: Attendees need a computer, tablet or phone, an internet connection (wired recommended), a microphone and video camera if they wish to be seen or to participate by audio or video. Attendees do not have to present themselves visually or audibly to interact or otherwise participate in the course.
Who Should Take This Course? Mediators, arbitrators, lawyers and other legal representatives who are either involved in online dispute resolution or are considering becoming involved and would like to learn more about it than a one-platform-fits-all approach. While ODR shares similarities with in-person processes, there are significant differences that practitioners need to be aware of.
Module 1: Introduction
Welcome / Overview of Module
The Agreement to Mediate Online – Key Agreement Clauses
Introduction to Instructors
The Opportunities & Challenges of Online Dispute Resolution
How Arbitrator Appointment Works Online
Online Settlement Negotiations
Introduction to Attendees
Beyond Zoom – An Overview of Various Processes, Platforms & Tools
Online Med-Arb Agreements
History of ODR
Put Yourself in their Tech – Empathizing with Clients
Essential Pre-Process Meeting Tips
The Challenge of Witness Testimony in Online Arbitration
What to expect out of program
Put Yourself in their Robe – Understanding Legal Counsel
Not Mission Impossible – Overcoming Common Hurdles
Managing and Recognizing the Perception of Bias
Live, Rehearsed or Pre-Recorded – Synchronous & Asynchronous Process Considerations
Creating a Safe and Balanced Space
Getting it in Writing – Capturing Settlement Terms Online
Feeling Heard Online
Launching and promoting an ODR practice.
Presence & Power
Client engagement – proposing ODR and related options
Dates: We have two course offerings planned
Introduction: Monday October 5th 7:00 pm – 8:00 pm EST
Module 1: Tuesday October 6th 1:00 pm – 4:00 pm EST
Module 2: Wednesday October 7th 1:00 pm – 4:00 pm EST
Module 3: Thursday October 8th 1:00 pm – 4:00 pm EST
Introduction: Sunday December 6th 7:00 pm – 8:00 pm EST
Module 1: Monday December 7th 1:00 pm – 4:00 pm EST
Module 2: Tuesday December 8th 1:00 pm – 4:00 pm EST
Module 3: Wednesday December 9th 1:00 pm – 4:00 pm EST