1 | ADR UPDATE FALL 2019

ADR UPDATE ISSUE 103 | FALL 2019

Featuring

• President’s Message

• Executive Director’s Message

• Message from ADRIO’S SISCC Chair

• Thought-provoking articles on:

✓ Med-Arb

✓ Diversity, Inclusion and Technology

✓ Construction Adjudication

This issue includes a new section with

important content by ADR Students,

Professors and New ADR Practitioners!

Contributions from ADR Students, Professors and New ADR Practitioners

✓ Indigenous Legal Traditions

✓ Tips for ADR Students

✓ Building Student Competency

in ADR Skills

And much more!

ADRIO 35th AGM and Conference

“Enriching your ADR Toolkit: Build,

Elevate and Challenge what you

know about Conflict Management”

Read more on page 30

2 | ADR UPDATE FALL 2019

Contents

It’s Here: Ontario’s New Construction Dispute Interim

Adjudication...……………………………………………………............3

President’s Message by Marvin Huberman

ADR Students and New ADR Practitioners…….……....……...5

Executive Director’s Message by Judy Shum

ADRIO’s Special Interest Sections Coordinating

Committee (SISCC)………………............................................8

Message from SISCC Chair by Natai Shelsen

Med-Arbitration - Part 1: The Perfect Couple, Strange

Bedfellows or Something In-Between?.............................9

By Colm Brannigan and Marc Bhalla

Connecting the Dots: Diversity, Inclusion and Technology

in Family Dispute Resolution..………..…………………….........13

By Rebecca Bromwich

Developing a Business Case to Become a Construction

Adjudicator………………………………………….……………....……..16

By Robert Bales

6 Ways to Build Student Confidence and Competency in

ADR Skills from an ADR Professor………………………………..20

By Dale Burt

Indigenous Legal Traditions and our Practice……………....22

By Jenna Sheikh

5 Valuable Tips for ADR Students…………………….…………..25

By Julia Zukernick

Opinion: Ryerson’s Innovative Law Education May Not Go

Far Enough…………………………………………………………..………28

By Barbara Benoliel

Newsletter Committee

Chair: Barbara Benoliel, PhD Ben Drory, JD, MBA, C.Med, C.Arb

Kim Parish, LLM, C.Med Robyn Jacobson, B.Comm, LLB, LLM, PhD, C.Med

Board of Directors

President, Marvin Huberman, LLB, LLM

Vice President, Joan Cass, MSW, RSW, Q.Med

Secretary, Genevieve Chornenki, C.Med, C.Arb

Past President, Adam Fox, BA, MA

Treasurer, Irving Feldman, CPA, CA, Q.Med

Bruce Ally, PhD, LLM (ADR), WFA, OCPM

Christopher Baines, C.Med

Barbara Benoliel, PhD

Peter Bruer, BA

Ben Drory, JD, MBA, C.Med, C.Arb

Gary Furlong, BA, C.Med, LLM

Lawrence Herman, C.Med, BCL, LLB, LLM

May Jolliffe, RECE, MA, Q.Med

Adam Landriault, LLB

Marcel Mongeon, LLM, MBA, M.Sc

Joy Noonan, LLB, LLM (ADR), C.Med

Laura Pursiainen, BA, Cert.Med, Q.Med, WFA

Treena Reilkoff, BSW, Q.Med, WFA, CMHA

Marshall Schnapp, BA, JD, LLM

Kevin Stapley, Q.Med, B.Sc, WFA

Jennifer Webster, Mediator, Arbitrator, Facilitator

ADRIO Staff

Judy Shum

Executive Director

Mena Sestito

Membership & Accreditation Coordinator

Morgan Horst Accountant & CRM Manager

Tommy Lam

Professional Development & Events Coordinator

ADR Update Editing Coordinator & Designer

Contributions from ADR Students, Professors and

New ADR Practitioners

3 | ADR UPDATE FALL 2019

IT’S HERE: ONTARIO’S NEW

CONSTRUCTION DISPUTE

INTERIM ADJUDICATION

PRESIDENT’S MESSAGE MARVIN HUBERMAN, LLB, LLM Ontario has modernized its Construction Act by

introducing important new provisions including a prompt

payment and adjudication regime which was proclaimed

and will come into force on October 1, 2019.

It applies generally to all public and private sector

construction contracts entered on or after October 1,

2019.

The new prompt payment regime involves the referral of

a non or partial payment of an unpaid and invoiced

amount to adjudication, a cost-effective, flexible and

swift interim binding dispute resolution process designed

to alleviate protracted disputes among parties to a

construction contract or subcontract, including:

✓ valuation of services or materials

✓ payment under the contract/change orders

✓ disputes of notices of non-payment

✓ set-offs

✓ holdback payments

✓ non-payment of holdbacks

✓ issues that the parties may agree to be part of an

adjudication

Adjudications are enforced in a manner similar to an

arbitration award under the Arbitration Act, 1991.

The new prompt payment and adjudication regime

presents both opportunities and challenges.

A host of issues involving professional conduct,

competence, confidentiality, conflict of interest, code of

ethical conduct standards/violations, due process, natural

justice, procedural fairness and judicial treatment of

adjudicator determinations/decisions will need to be

addressed, including:

✓ Does a party have the right to the determination

of a dispute by adjudication?

✓ Does the nature of the dispute fall within the

criteria set out in section 13.5 of the Act or

any other criteria agree to by the parties,

including any criteria set out in the contract

or subcontract at issue?

✓ Does the adjudicator have the requisite

expertise to decide the dispute?

✓ What are the circumstances in which a court

would enforce and/or set aside a decision of

an adjudicator?

To assist our members, ADRIO has established a

Construction Adjudication Special Interest Section,

co-chaired by Rob Bales and me, which will

endeavour to address these and other issues,

maximize opportunities and meet challenges

presented by the new prompt payment and

adjudication regime, offering learning and networking

opportunities and terrific resources pertinent to the

exciting world of construction adjudication.

I encourage all of you to join, actively participate in

and contribute to the Construction Adjudication

Section so that the new construction adjudication

regime is appropriately used by fully informed and

consenting parties and duly qualified and trusted

adjudicators.

In this way, the chances of success in construction

adjudication will be maximized and the risks/concerns

will be minimized.

--

Marvin J. Huberman, LLM (ADR), C.Arb, FCIArb, is a

Toronto-based barrister, mediator and arbitrator. He

is also the President of ADRIO and co-chair of its

Construction Adjudication Special Interest Section. He

has been certified by the Ontario Dispute Adjudication

for Construction Contracts (ODACC) as an Adjudicator.

4 | ADR UPDATE FALL 2019

Membership Benefits

MEMBERSHIP TYPE

FULL

:

$3

18

+HST

ASS

OC

IATE

: $1

26+H

ST

STU

DEN

T:

$6

4+H

ST

Education and Information

Special Interest Section Meetings and webinars

Electronic delivery of ADR Update three times a

year and ADRIO Member Bulletin throughout

the year.

Discounts to all Professional Development

programs.

Your own Member Portal

Opportunity to serve on ADRIO committees.

Voting rights at the ADRIO AGM and during

elections.

Automatic membership with ADR Institute of

Canada.

Business Development

Outreach to government and other

organizations to promote ADR.

Roster calls, RFPs and work opportunities.

Access to the ADRIO Member logo for your own

use.

Use of a polished, customizable PowerPoint

presentation explaining what ADR is.

Public listing on ADR CONNECT so clients can

find and contact you.

$$ Exclusive Discounts

Discounted home & auto insurance through The

Co-Operators.

Discounted health & dental insurance through

Loran Health Plus.

Up to 50% off ADRIO branded stationary

through Vista Print.

Discounted laptops and other products from

Lenovo.

Car rental discounts through National and

Enterprise.

Extremely competitive errors & omissions

insurance rates through Marsh Canada.

20% discount for any order on the Bloomex

website.

JOIN ADRIO CHAMPION A CAREER IN CONFLICT MANAGEMENT

Learn, Network and

Succeed

Take your ADR Career to the next

level and join ADRIO today. We assist

our members, and users of ADR

services, by providing information

and education, maintaining high

professional standards and

implementing a structure to ensure

members adhere to those standards.

Learn more about becoming an

ADRIO Member by calling Mena,

Coordinator, Membership &

Accreditation: 416-487-4447 x 101.

Join today to take advantage of the

many benefits we offer:

ADR-Ontario.ca/join

5 | ADR UPDATE FALL 2019

ADR STUDENTS AND NEW

ADR PRACTITIONERS

How ready is ADRIO to play a leadership role in

supporting ADR students and new ADR practitioners?

In response to the above question, which was presented

at a recent strategic planning workshop, ADRIO Board

Directors, Sections Chairs and Staff indicated, for the

most part, that ADRIO is either “somewhat ready” or

“ready” to be a leader. As a result, supporting ADR

students and new ADR practitioners has been identified

as one of the strategic priorities for ADRIO to continue to

work on.

In order to provide effective support, we need to keep in

mind that ADR students and new ADR practitioners are a

diverse group of people of different ages and

backgrounds, particularly in terms of education, training

and career experiences. For many, ADR is a second or

third career. For others, ADR is an attractive training

option to take during a gap year between university

programs. And, for some, ADR fulfills a special calling to

progress from a career that has sparked a desire to

become more specialized in dispute resolution. Also, ADR

students and new ADR practitioners live in communities

across the province.

This Summer, ADRIO launched our first ever ADR Student

Awareness Week during August 19 to 23, with activities

that included a Twitter takeover by ADR students and a

Speed Mentoring event. To wrap up the special week, we

asked a few ADRIO members who are seasoned

practitioners to reflect on their ADR career paths and

share advice with ADR students; we challenged them to

do this in the form of a letter to their younger selves.

Here’s a quote from each of those letters that truly

resonates with me:

✓ “My advice to you is to be authentic.

Impartiality in practice is essential but this

does not mean that you are not entitled to

have opinions.” (Marc Bhalla)

✓ “Having made the commitment to truly

become a ‘Mediator,’ my task was to create a

‘somethingness’ into which to step.” (Joan

Cass)

✓ “Stay humble, there is no peak!” (Helen

Lightstone)

✓ “Mediation work is a reflective practice. You

work alone and you can be your own harshest

critic.” (Jennifer Webster)

As a lifelong learner, I believe there is mutual learning

that goes both ways between those who some of us

fondly call “newbies” and experienced practitioners.

ADRIO provides the ideal environment for learning,

mentoring and exchange of ideas and experience.

In this newsletter, you’ll find a new section that

features ADR students and new ADR practitioners.

Happy reading!

ANOTHER WAY TO FIND ADR

PRACTITIONERS IN ONTARIO

Ontario Dispute Resolution Professionals

Directory

www.adr-ontario.ca/directory

EXECUTIVE DIRECTOR’S

MESSAGE JUDY SHUM, BA, MPA

6 | ADR UPDATE FALL 2019

7 | ADR UPDATE FALL 2019

8 | ADR UPDATE FALL 2019

ADRIO’S SPECIAL INTEREST

SECTION COORDINATING

COMMITTEE (SISCC)

MESSAGE FROM SISCC CHAIR NATAI SHELSEN, LLB, BCL, BA(Hons) Exciting things are happening with

ADRIO’s Special Interest Sections

program!

Greetings from the new Chair of the Special Interest

Sections Coordinating Committee! (That’s a mouthful!)

When I was considering becoming a member of ADRIO,

one of the benefits that appealed to me most was the

Special Interest Sections (SIS) program. As a new

mediator, so many of the sections interested me and I

relished the opportunity to learn from and alongside my

new colleagues. I’m thrilled to be at the helm of such an

important and dynamic program.

Section meetings provide a unique opportunity for

professional development, networking and community.

Whether you practice in the area of business-

commercial, elder, family, insurance, med-arb, real

estate, restorative justice, workplace or coaching, there’s

a section for you. Plus, I’m excited to say that there are

two new sections. No matter your area of expertise or

skill level, there’s something for everyone.

I’m excited to breathe new life into this dynamic

program, and to help it reach its full potential. But I

can’t do it alone! The chairs of the various sections are

gathering on November 5 to plan SIS programming for

2020 and to discuss how we can optimize the program

to meet the needs of ADRIO’s members. Stay tuned for

exciting developments!

ADRIO’s membership is its greatest resource and we

have so much to gain by learning from and with one

another. So here’s what YOU can do: attend SIS

meetings! And if you have an idea for a meeting, don’t

be shy! Email me or the section chair with your idea.

Get ready to get the most out of your

membership!

--

Natai Shelsen is a bilingual mediator and litigator at

Goldblatt Partners LLP in Toronto. She helps resolve

business, employment, Aboriginal and human rights

disputes in Ontario and Quebec.

UPCOMING EVENTS

November 26 – Full Day Workshop

Fixing Harm: Restorative Process Facilitating and Mediating

November 27 – Workplace Section Meeting

Conflict Resolution Outcomes: Success, Failure and Self-Worth

November 28 – Mediator Mastermind

To be or not to be Facilitative or Evaluative?

December 5 – ADRIO Holiday Dinner

President’s Circle Member Recognition and Awards Ceremony

December 12 – Mediator Mastermind

Post-Mediation- Do We Keep the Discussion Going?

January 9 – Construction Adjudication Section Meeting

The Skills Required to Effectively Adjudicate a Construction Dispute

January 14 – Conflict Management Coaching Section Meeting

The Good Fight: Create a Culture of Productive Conflict

January 30 – Med-Arb Section Meeting

Insights and Feedback from Those Who've Tried Med-Arb

March 5 – Full Day Workshop

Negotiating the Harvard Way

- 2019 - - 2020 -

Advance Registration is Required for all Events:

www.adr-ontario.ca/event-calndar

9 | ADR UPDATE FALL 2019

MED-ARB, PART 1

THE PERFECT COUPLE,

STRANGE BEDFELLOWS OR

SOMETHING IN BETWEEN? COLM BRANNIGAN, C.Med, C.Arb

MARC BHALLA, BA(Hons), C.Med, Q.Arb, MCIArb

This article is part of a 2-part series. Part 2 will be

published in ADR Update, Winter 2020; it will focus on

the arbitration element of med-arbitration.

At a recent program on arbitration, The Honourable

Thomas Cromwell asked: “Are we taking full advantage

of the flexibility of the arbitration process?”1

To fully answer this question, med-arb must be

considered.

Colm Brannigan suggests that we call it “med-

arbitration” as a unique innovative stand-alone process

and not just a cobbled-together mash of mediation and

arbitration.

Many ADR practitioners view themselves as mediators

or arbitrators in any given process. This binary thinking

may soon change. Mediation and arbitration may no

longer be considered opposing and contradictory

processes. The ADR Institute of Canada will release its

med-arbitration rules in November 2019 at its National

Conference, in British Columbia, along with a new,

related designation.

Med-arbitration offers some unique opportunities and

challenges that do not apply to stand-alone mediation

or arbitration. It is essential that practitioners consider

both to ensure that they are serving their clients to the

best of their ability.

We cannot be so short-sighted that we consider the

only benefit of med-arbitration as the convenience that

it offers in terms of the time and cost. Preserving the

opportunity for parties to agree to an outcome while

having them more directly face the reality of the

imposition of closure on terms beyond their control

encourages more to be made of the mediation

opportunity. The “threat of arbitration” that exists in

med-arbitration can encourage mediation to be taken

more seriously, resulting in parties being better

prepared to participate and enhancing the likelihood of

mediation being successful.2

Yet, the question of what happens to mediation and

arbitration in med-arbitration warrants careful

consideration.

Process Design

Frank Sander introduced the concept of the “multi-door

courthouse” over 40 years ago when he presented his

paper on “The Varieties of Dispute Processing” at the

Pound Conference in April 1976. However, the

“promise of mediation” is often neglected in the

familiarity of a routine process. We default to what we

are accustomed to, but is this meeting the goals of our

clients?

Looking first at mediation, it is necessary to ask some

questions about med-arbitration to deliver on Professor

Sander’s proposition to have “the forum fit the fuss.”

1 The Honourable Thomas Cromwell, “The Flexibility of Arbitration and the

Possibilities of User-Designed Approaches” (Keynote Address, Effective

Arbitration: Strategies for Success, Toronto, 17 April 2019) [unpublished].

2 Debate as to the definition of successful mediation is an interesting subject

that merits debate but is not the subject of this article series.

This article continues on the next page.

10 | ADR UPDATE FALL 2019

Is There a Role for Evaluative Mediation?

Many appreciate receiving an evaluation of their case

from their mediator. Having a third party provide an

assessment of positional strengths and weaknesses can

help with BATNA analysis and understanding realistic

possible outcomes. However, if the process facilitator is

providing both mediation and arbitration services to

address the conflict, is there a risk that evaluative

mediation might blur their role?

The practitioner should consider perceptions that could

be formed if they offer an evaluation during mediation.

This might encourage parties to settle and prevent any

need for the arbitration aspect of the hybrid process

but there are no guarantees.

Marc Bhalla’s concern about evaluative mediation in

med-arbitration is that it risks putting the mediator-

arbitrator in a no-win situation. If the ultimate decision

is similar to the evaluation offered in mediation, the

practitioner may leave themselves open to a claim of

prejudgment that risks nullifying their award. If the

decision is viewed as a variant from what is offered in

mediation, parties may question the authenticity of the

evaluation provided in mediation; this risks hurting the

practitioner’s reputation.

Is Death of Caucus a Real Concern?

Some believe you cannot caucus in med-arbitration.

Applying the sound arbitration practice of keeping all

communications with parties transparent, there is

worry that bias perceptions might be formed. One on

the losing end of the arbitration award—reflecting on

how they could have possibly lost their case—could be

inclined to point to the unknown, private

communication between the winning party and

mediator-arbitrator during mediation.

Caucus can be very helpful in mediation, particularly for

parties assessing their settlement options. Doing away

with it may risk diminishing the mediation opportunity.

Colm Brannigan is not convinced that caucus does not

have a role in a med-arbitration process, so long as

careful consideration has been given to how it would

work and such is clear to the parties.

Will Parties Use Mediation to Try to Gain Favour with

the Arbitrator?

One of the most common concerns expressed about

med-arbitration is how parties participating in

mediation will behave if they know that their mediator

could impose a decision upon them. Rather than

focusing on others involved in the conflict, mediation

could be used to try to win over the mediator and make

a good impression for the adversarial stage to follow.

Despite clarifications of capacity, there is always risk of

mediation being manipulated for other purposes. This

may test the skill of the practitioner.

How does med-arbitration affect mediation?

Ultimately, we believe that it extends the mediation

opportunity. Challenges certainly need to be considered

to maintain facilitator and process integrity and to offer

parties the best available path to conflict closure.

While med-arbitration may not be suitable for every

situation, forms of it have been used for decades in

labour and family disputes. It can allow for preservation

of relationships and enhance the potential for

sustainability through commitment to outcomes

reached in mediation.

Med-arbitration offers a collaborative, non-adversarial

environment without the uncertainty of how the

conflict will be addressed if mediation does not result in

complete settlement. It preserves the opportunity for

those involved in conflict to have control over the

outcome of their dispute in situations where the risk of

mediation failing to resolve a dispute is not an option or

is undesirable.

--

Colm Brannigan and Marc Bhalla serve as the co-chairs

of the ADR Institute of Ontario’s new med-arb section.

Colm Brannigan is a Chartered Mediator and Chartered

Arbitrator and is a full-time ADR practitioner focused on

mediation, med-arbitration and arbitration in

condominium, commercial, construction and real-estate

disputes. Colm was a member of the ADRIC Med-Arb

Working Group.

Marc Bhalla is a Chartered Mediator and Qualified

Arbitrator who offers ADR services both in-person and

online. He believes that flexibility of process is a

significant advantage of ADR over traditional processes.

11 | ADR UPDATE FALL 2019

12 | ADR UPDATE FALL 2019

13 | ADR UPDATE FALL 2019

CONNECTING THE DOTS

DIVERSITY, INCLUSION AND

TECHNOLOGY IN FAMILY

DISPUTE RESOLUTION REBECCA JAREMKO BROMWICH, PhD, LLB, LLM It is not new that conflict between co-parents, related to

divorces or separations, cause prolonged grief in families

and can detrimentally affect children’s best interests.

Family conflicts have massive social, legal, and public

costs. Separated parents and their children urgently need

relevant legal information and accurate tools to navigate

the challenges of divorce and co-parenting. What is new

is the capacity of technology – through applications and

online platforms – to support human solutions for

addressing these challenges. The situation calls for

further study of how these applications intersect with

family forms and diversity.

In 2012/2013, there were approximately 318,000 active

family law cases before the courts in Canada. These cases

– addressing divorce, separation, child custody, access

and support, and other family issues – comprised 34% of

all civil matters across Canada. There has also been an

increase in the number of self-represented litigants; a

2012 estimate suggested that over half of family cases

have at least one party without a lawyer of record, and

that this proportion will continue to grow. A significant

factor in this increase is the prohibitive cost of hiring

representation, but there is also a growing proportion of

litigants who take a “DIY” attitude towards

representation. One response to this increase has been a

growing number of resources – especially online – that

purport to elucidate the divorce and separation process.

A corresponding trend in Canadian family jurisprudence is

a growing number of orders for some form of shared or

joint custody – even in circumstances where parents have

had difficulty communicating effectively. Accordingly, a

growing cohort of separated families need to coordinate

schedules, communicate regarding important

decisions, and share information. Perhaps predictably,

co-parenting technology (in the form of mobile

applications) has entered the marketplace, offering

services to help co-parents navigate their separation or

divorce, as well as manage their ongoing shared

custody arrangements. Today’s separating and

divorcing parents belong to a generation that has

almost universally adopted smartphones and offers a

broad potential market for mobile applications aimed

at simplifying their co-parenting experience: 85% of

Canadians aged 35-49 own a smartphone and the

average ages of men and women at divorce are 44 and

41.1, respectively.

There is a plethora of online and mobile applications

that aim to simplify the co-parenting relationship,

however some of these are far less comprehensive

than others. For example, the web-based Custody

Junction1 is a platform with scheduling and reporting

functions. A user can record scheduled events, non-

scheduled events, payments, expenses, record notes,

and track what was scheduled versus what occurred.

Similarly, Calendar and “Tracker” are features that are

found in ParentingTime’s OPTIMAL2 which allows users

to track parenting time, expenses, and other data.

Cozi Family Organizer3 provides the same type of

scheduling, communication, shared calendar features

as co-parenting applications, but also has a shopping

list, recipe bank, family journal and daily agenda

1Custody Junction, (2019) online: https://www.custodyjunction.com/

2OPTIMAL Online Parenting Time Information Manager and Activity Log,

(2019) online: http://parentingtime.net

3Cozi Family Organizer, (2019) online: https://www.cozi.com

This article continues on the next page.

14 | ADR UPDATE FALL 2019

complete with live updates and history. Similar features

are included in Squarehub4 and Google Suite5, along with

the ability to upload and share documents. However,

these options lack the breadth of functionality offered by

dedicated co-parenting apps; they are not designed with

the added elements of record-keeping, emotional

messaging controls and third-party integration for

lawyers and other professionals.

However, while most app use by co-parents is voluntary,

there has been a dramatic rise in mandated use of these

applications in court orders in recent custody and access

decisions in Canada. Through my research funded by the

Law Foundation of Ontario (paper forthcoming), I found

that our understandings of these apps, and the judiciary’s

current approach in adopting these technologies, is

problematically superficial. I believe more research

needs to be done to determine where these apps

intersect with human diversity, and to what extent they

increase inclusion in terms of access to justice or where

they pose problems. For example, we need to look closely

at how the coding of these apps helps ameliorate

unconscious gender biases in communication. Conversely,

we need to look more closely at how the apps provide

potential to accommodate diversity. They may enhance

access to clear communication on timeframes that can

accommodate people with caregiving obligations or may

have visual or auditory disabilities that prevent them

from communicating in face-to-face conversation. Apps

may help address mental health and cognitive differences

because they can accommodate different processing

speeds, and even allow for language translation.

There are underlying issues of privacy and data security

that come with the immense amount of information that

is being shared and stored on these applications.

Although OurFamilyWizard6 offers a commitment not to

sell user data to third party providers, and Coparently7

assures users that their data is secured, using “bank grade

security” in the form of “leading 256bit SSL encryption

technology,” there is no consistent disclosure of where

data is stored, whether it is accessible by third parties,

and how data security is protected. Further, since these

apps are privately designed, and the threshold

requirements to publish an application in the iOS App

Store or via Android’s Play Store are relatively low, there

is very little gatekeeping required to get these programs

to market, as long as they meet the necessary

technological specifications. The App Store’s guidelines

pertain to intellectual property and obscenity, rather

than vetting content for accuracy or utility in practice.

It is not a review by experts in the field of family law.

Suffice it to say that this is a concern about these

applications which does not appear to arise in the

academic or judicial discussions about their use.

In sum, the proliferation of tech in the family dispute

resolution sector may have privacy and “black box”

pitfalls, but there may also be a range of largely

unanticipated diversity and inclusion advantages that

support dispute resolution.

4Squarehub, (2019) online: http://squarehub.com

5Google Suite, (2019) online: https://gsuite.google.com

6Our Family Wizard, (2019) online: www.ourfamilywizard.ca

7Coparently, (2019) online: http://coparently.com/

--

Rebecca Jaremko Bromwich is an adjunct professor

with the Department of Law and Legal Studies at

Carleton University. Her full-time role is as Manager,

Diversity and Inclusion for the law firm Gowling WLG

for their offices in Canada and Russia.

“ Ethan Jerry Mings

CTF, CPF, CQA

President’s Circle Member

ADRIO Member since 1999

My ADR membership provides a connection to other mediators

and ADR professionals located in Ontario. It makes it possible

for me to explore the topics of conflict for both large and small

groups and learn about current ADR issues and practices. The

education opportunities (e.g., Annual Conference, Training

Sessions, On-line Evening Sessions) provide a wealth of

learning opportunities that inform my work with clients. The

benefits I gain from being an ADR member exceed my annual

costs of membership and allows me to find answers to

emerging questions.

Ethan Jerry Mings

CTF, CPF, CQA

ADRIO Member since 1999

I Get More Insights and Connections with Membership www.adr-ontario.ca/join

15 | ADR UPDATE FALL 2019

CONGRATULATIONS ELAINE NEWMAN! Elaine Newman, BA, LLB, LLM, is this year’s recipient of the

Ontario Bar Association’s Award of Excellence for Alternative

Dispute Resolution. Elaine was an active member on the

Planning Committee for our premiere Mediation-Arbitration

Conference in 2017, jointly held with Osgoode Professional

Development and The Family Dispute Resolution Institute of

Ontario. In addition to being a frequent speaker at many ADRIO

programs, she is the author of our online ethics course,

“Practical Ethics for Working Mediators.”

The Award for Excellence in Alternative Dispute Resolution

recognizes exceptional contributions and/or achievements in

Alternative Dispute Resolution (ADR) in two or more of the

following areas:

✓ Excellence in the practice of ADR;

✓ Participation in continuing legal education at the OBA,

Canadian Bar Association, Law Society of Upper

Canada or other organizations on ADR issues;

✓ Writing and teaching on ADR issues;

✓ Mentoring of other persons in ADR;

✓ Participation in law reform initiatives that touch upon

ADR;

✓ Promotion of the use of, and generally providing

leadership in ADR.

Read more about Elaine Newman here:

www.newmanarb.com

STUDENTS AND NEW PRACTITIONERS: GET INVOLVED WITH ADRIO THROUGH ADR UPDATE

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We welcome article submissions relating to mediation, arbitration, conflict coaching or conflict

management more generally. This is a fantastic opportunity for you to share your knowledge and

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If you are interested in any of the opportunities noted above, please email: events@adr-ontario

ADRIO Executive Director, Staff and ADR

Students from York University, Durham and

Humber College attended the OBA Awards

Dinner to Celebrate Elaine Newman for

receiving this well-deserved award.

16 | ADR UPDATE FALL 2019

CONNECTING THE DOTS DEVELOPING A BUSINESS

CASE TO BECOME A

CONSTRUCTION

ADJUDICATOR ROBERT BALES, P.Eng, LLB

CONSTRUCTION ADJUDICATION

Construction adjudication, the newest form of ADR in

Ontario, became effective on October 1, 2019. The

Ontario Dispute Adjudication for Construction Contracts

(ODACC) is the new Authorized Nominating Authority

(ANA) for Ontario.1

For those considering a future as a construction

adjudicator, start with reading Part I.1 Prompt Payment

and Part II.1 Construction Dispute Interim Adjudication, in

the Construction Act, R.S.O. 1990, Chap. C.30, and O.Reg.

306/18, Adjudications under Part II.1 of the Act,

accessible through the links on the ODACC site.

Before committing to reading statutes and regulations,

what is the business case for becoming a construction

adjudicator, and how will that role compare to the

vocation you have right now?

As with any other business analysis, you need to know:

What are the necessary qualifications? What experience

is required? What training is required: when and where

can you do the training? What is its duration and what

does it cost? Is there a continuing education requirement

and, if so, what is it and what is the cost? What insurance

coverage must you have and who provides it? What is the

application process? And…After fulfilling all the

requirements, are you guaranteed to become a

construction adjudicator?

Most of the answers are readily available on the ODACC

website, but the critical answers are that you must have

at least ten years construction experience and fulfill all

the requirements before your application will be

considered. ODACC will then compile all the completed

applications, determine how many adjudicators are

needed and make final decisions about who is given an

adjudication certificate.

The preceding, however, are the easy questions. Far

more difficult are the following:

✓ What is the estimate of the number of files to

be adjudicated in a year?

✓ What is the anticipated breakdown of those

files into sectors?

✓ How many files should an adjudicator expect to

get in a year?

✓ What is the adjudicator selection protocol?

✓ What is the anticipated range of billable hours

for the adjudication?

✓ What is the anticipated range of adjudicator

fees?

✓ Are there administration fees, costs and

charges and, if so, how much?

Although some information is available from other

countries with construction adjudication systems,

notably the United Kingdom, New Zealand and

Australia, their legislation and construction

environments are different, making their data much

more difficult to analyse. The absence of accurate

construction adjudication data inhibits the

development of data analytics and metrics to improve

the adjudication process and reduce claims, and lead

toward better contract management. On a positive

note, after 23 years of United Kingdom experience

1ODACC.ca

This article continues on the next page.

17 | ADR UPDATE FALL 2019

with construction adjudication, most disputes are

finally resolved as a result of the construction

adjudication process.

Ontario has a construction adjudication system in its

standard-form contract for highways. Termed a

Referee Process and administered by ADR Institute of

Ontario (ADRIO) for the Ontario Ministry of

Transportation (MTO) and the Ontario Road Builders

Association (ORBA), it has been operating for three

years. Harvey Kirsh, in ADR Perspectives2, provides a

short but excellent description of this process.

The following is anecdotal information on the MTO-

ORBA system, with the caution that the disputes being

determined range from claims from tens of thousands

to millions of dollars, with some contract values going

up to very high amounts; it is a form of contract that is

extremely complex, and involves very sophisticated

parties within a somewhat limited field. For claim

amounts greater than $750,000, a three-person panel

decides the claim, making the process more complex as

the panel must communicate among themselves to

reach a decision. There is also a mandatory Referee

Meeting as part of the process where lawyers may

attend but not participate.

The approximate hourly fee range for MTO-ORBA is

$350 to $700, and billable hours range from about 30

to 75 hours or more - this is within the range of UK

adjudications. The Referee process has an extended

timeline compared to the new Ontario requirements:

once the Referee(s) has been selected, the Claimant

and the Respondent take two months to exchange

their documents. The Referee Meeting occurs just two

weeks later, for which the Referee(s) must be well

prepared as the Referee Decision must then be

delivered about three weeks after the Meeting.

A rough breakdown of the time for each part of the

Referee process:

✓ Negotiations and discussions before the

Referee Agreement is executed: approximately

5 to 10 hours (not billable);

✓ Delivery of the Contract documents and first

review of the Claimant submission and

documents: approximately 10 to 20 hours;

✓ Delivery of and first review of the

Respondent submission and documents:

approximately 10 to 20 hours;

✓ Preparation for the Referee Meeting:

approximately 10 to 15 hours;

✓ Review of the submissions, documents and

Referee Meeting notes, discussions among

the panel members where applicable,

drafting of the Decision, review and issuance:

approximately 10 to 30 hours.

Failure by the Referee(s) to issue the Decision within

the prescribed time terminates the process, sending

the parties back to the beginning, and may result in

forfeiture of the Referee(s) fees.

Should you become a qualified adjudicator under

ODACC, does your schedule in your existing business

allow you immediately to focus on an adjudication

file and negotiate your fee and your appointment

within four days?

As soon as the documents have been received, can

you commit as many as 60 hours or more to this one

adjudication file over the next 25 days?

If you are typically booked for weeks or months in

advance, be careful walking away from an existing

and successful business. Otherwise, the construction

adjudication field shows great opportunity to those

who qualify as adjudicators.

2Kirsh, Harvey: “References and Construction Claims”, ADR Perspectives,

10 September 2019 http://adric.ca/adr-perspectives/references-and-

construction-claims

--

Robert Bales, P.Eng, LLB, has practised as an

adjudicator, arbitrator, lawyer, engineer and project

manager with wide experience in construction

arbitration. His technical experience ranges from

roads and bridges, building envelope failures, home

construction and renovation through geotechnical

problems, and his arbitrations have addressed a

range of procedural matters, complex issues and

expert testimony. He is also the Co-Chair of ADRIO’s

Construction Adjudication Special Interest Section.

18 | ADR UPDATE FALL 2019

19 | ADR UPDATE FALL 2019

20 | ADR UPDATE FALL 2019

CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS

6 WAYS TO BUILD STUDENT

CONFIDENCE AND COMPETENCY

IN ADR SKILLS FROM AN ADR

PROFESSOR BY DALE BURT, Q.Med, MA

I remember it like it was yesterday, even though it was

the 1980s. Hair was big and I was struggling in grade 12

calculus. My teacher, Mr S, walked up beside me; he

looked at me and said: “You can do this.” I decided to

believe him. My math confidence and competency grew

little by little after that. Many years later, I would become

the statistics teaching assistant to psychology graduate

students. His four little words of authentic

encouragement changed me. As an ADR Professor, I

aspire to have this kind of positive impact on my

students. It is such an honour to teach, mentor and

encourage the practitioners of tomorrow as they build

the skills they need to succeed. Here I offer six

suggestions for how we educators can help learners

increase their confidence and competency in ADR skills.

1. Treat the ADR classroom as an extension of the

workplace. ADR practitioners are expected to

consistently display high standards of

professionalism—through integrity,

preparedness, neutrality or in demonstrating

emotional intelligence in its various forms. I

consider the ADR classroom an extension of the

workplace, where learners can practice

professionalism, build their professional persona

and strive for the same high professional

standards expected in the industry. The

importance of professionalism, inside and outside

the classroom, is frequently reinforced. The

reality is that everything we say and do

communicates a message to others (intended or

not) about us. Our words, tone, punctuality, attire

and body language matter. Conducting oneself

like an ADR professional in the learning

environment is a great step toward developing a

strong professional personality and presence in

the industry.

2. Share your ADR wisdom and wit. Everyone

likes fun and teaching and learning in the ADR

classroom can be so much fun. As an educator,

I am always trying out different teaching

methods and active learning techniques to

keep class engaging. I strive to be dynamic and

deliver content in a way that is the opposite of

boring … no Bueller Bueller moments. Students

seem to particularly enjoy narratives. Good old

storytelling is a powerful and enjoyable way to

learn; it can draw students into enthusiastic

participation. I share stories of my experiences

and lessons learned from my many years on

the planet and from my 19 years practicing

workplace mediation and conflict coaching.

Students share stories too. Stories help make

sense of content and bring it to life.

3. Connect classroom learning to the real world.

We can deliver learning that is highly relevant

for students by connecting it to the real world.

Students may wonder: What is relevant in the

lesson to me? How can I use this outside the

classroom? It is significant when students make

that connection between the textbook

theoretical stuff and the real world—in their

families, communities, workplaces and beyond.

I try to make learning relevant in a number of

ways. In negotiation class, for example, we turn

This article continues on the next page.

21 | ADR UPDATE FALL 2019

“role plays” based on fictitious scenarios into

“real play” practice opportunities using

student-generated negotiation scenarios

inspired by real life. In workplace conflict class,

students engage with some of the real (and

redacted) cases from my professional portfolio.

In conflict analysis and restorative practice

classes, students identify, assess and analyze

real conflicts plucked from the news headlines

that are happening in the world around them.

4. Build in opportunity for skills practice. Some

students are a little apprehensive initially about

being graded on their ADR skills. Having lots of

supportive opportunities to practice what they

are learning, with low or no marks attached,

can alleviate some uneasiness. In my own

teaching practice, I endeavour to make the

classroom a respectful learning environment

where students can try… maybe not get it quite

right… self-reflect and get feedback… try

again… and improve. Low stakes formative

assessment through practice can help students

build capacity bit by bit. It is rewarding when,

after lots of practice, a student realises: “Hey, I

can really do this!”

5. Provide experiential learning if possible.

Students can strengthen many of their ADR

skills through experiential learning. Durham

College’s experiential learning course provides

students the opportunity to run a conflict

resolution business on campus. Students do

hands-on ADR service work with real people—it

is not a simulation nor a role play. Under

supervision, ADR students apply their

knowledge and skill to help resolve and prevent

conflict within the campus community. This is

often transformative for students, significantly

increasing their proficiency and

professionalism, and giving them an authentic

sense of accomplishment that comes from

doing meaningful ADR work. They develop a

more fulsome understanding of what leads to

conflict and the nature of conflict. They also

learn to listen deeply, build trust and rapport,

clarify issues, generate options for resolution,

understand issues from multiple

perspectives and facilitate the resolution of

conflict between parties, using various

techniques and approaches.

6. Challenge learners to step outside their comfort

zones. Deep learning is hard work. It’s not always

comfortable and it’s sometimes irritating. It’s

human nature to prefer it be easy. Like an oyster

creating a pearl from the irritation of a piece of

sand, stepping outside our learning comfort zone

can also produce precious outcomes. When

growth mindset kicks in, it’s pure magic. To this

end, some of our ADR students will be joining me

in a brand-new learning experience next

semester—in a prison classroom. Together we

will break down walls and build bridges, learn

more deeply about our human tendencies

toward bias, assumption-making and othering,

understand the power of perceptions and

recognize how all of these lessons are relevant

for our work as ADR practitioners.

--

Dale Burt is an ADR Professor and Program Coordinator

at Durham College, a Workplace Mediator (Q.Med),

and a Walls to Bridges prison Instructor. She has an MA

in Community Psychology.

Maritza Sanchez

Q.Med, WFA

ADRIO Member since 2017

I Get More Support with Membership www.adr-ontario.ca/join

“ To me, ADRIO membership means access to professional

development, resources and information regarding trends and

impactful issues. In my trajectory to becoming a Qualified

Mediator, I have found the support and resources that I felt I

needed to keep me motivated and engaged. I find that the

newsletter and ongoing emails is an effective mechanism to

feel informed and included. Being a member of ADRIO, I have

the benefit of experiencing the feeling of community—a

growing community that strives to positively impact humanity.

22 | ADR UPDATE FALL 2019

CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS

INDIGENOUS LEGAL TRADITIONS

AND OUR PRACTICE BY JENNA SHEIKH, BA (Hons)

The rise of restorative justice has demonstrated the push

for change in the realm of Canadian dispute resolution.

Current restorative justice techniques reflect important

legal traditions Canada has adopted from Indigenous

communities. If we look to the Indigenous Reconciliation

and Advancement Working group of ADRIO, we see their

commitment to exploring, recognizing and celebrating

integrated, acknowledged and unacknowledged

Indigenous Dispute Resolution approaches. These

traditions shed light on the history of restorative justice in

Canada and teach us how to incorporate them into our

own practice. This article will focus on the importance of

understanding where Alternative Dispute Resolution

(ADR) techniques originated and the importance of

applying them when acting as third-party

mediators/arbitrators or representing clients in

mediations/negotiations.

As a law student at the Bora Laskin Faculty of Law at the

University of Toronto, where there is a significant focus

on Indigenous legal traditions, I have used my ADR

experience to compliment what I am learning about

restorative justice. The Truth and Reconciliation

Commission’s 28th Call to Action reads:

We call upon law schools in Canada to require

all law students to take a course in Aboriginal

people and the law, which includes the

history and legacy of residential schools, the

United Nations Declaration on the Rights of

Indigenous Peoples, Treaties and Aboriginal

rights, Indigenous law, and Aboriginal–Crown

relations. This will require skills-based

training in intercultural competency, conflict

resolution, human rights, and anti-racism.1

The Bora Laskin Faculty of Law has a unique mandate

that focuses on teaching Indigenous legal traditions,

while other law schools in Canada focus on broader

ADR courses. The Bora Laskin Faculty of Law teaches

students the significance of Indigenous legal traditions

in our practice. There is a focus on active listening,

sharing circles, community involvement in sentencing

circles and the importance of oral storytelling.

In traditional law school courses, it is deeply imbedded

that a marker of representing a client successfully is

winning their case. This is a stark contrast to the

restorative justice techniques taught in Indigenous legal

tradition and ADR courses. I have noticed in mock

sharing circles that law students find it challenging to

put their ADR hat on and put aside the idea that legal

professionals must always be argumentative to “win.”

Students should be taught that collaborating to reach a

resolution that suits all parties is the true goal. Legal

professionals must embrace the changing legal system

that uses alternative forms of dispute resolution,

improving outcomes for parties and saving them

precious time and money.

This is important for young lawyers to be aware of due

to the lack of comprehension of ADR techniques and

where they originated. Lawyers working with

Indigenous clients have the benefit of being exposed to

1Truth and Reconciliation Commission of Canada (2012), Truth and

Reconciliation Commission of Canada: Calls to Action, at para 28

The article continues on the next page.

23 | ADR UPDATE FALL 2019

recent developments in the justice system like the

Indigenous Peoples’ Court. Programs such as these

reflect the Truth and Reconciliation Commission’s 27th

Call to Action:

We call upon the Federation of Law

Societies of Canada to ensure that lawyers

receive appropriate cultural competency

training, which includes the history and

legacy of residential schools, the United

Nations Declaration on the Rights of

Indigenous Peoples, Treaties and Aboriginal

rights, Indigenous law, and Aboriginal–

Crown relations. This will require skills-

based training in intercultural competency,

conflict resolution, human rights, and anti-

racism.2

These programs give legal professionals much needed

exposure to restorative justice and help them

understand how to resolve disputes outside of the

traditional court setting they are accustomed to. ADR is

not only beneficial to Indigenous peoples moving

through the justice system, but is beneficial to people

of all cultural backgrounds to resolve disputes. ADR

allows for quick and efficient resolutions while parties

contribute to the outcome, rather than bringing the

matter before a judge who will make a binding decision

for the parties.

It is important for our clients to remain aware of the

fact that they can play a key role in the resolution of

their conflict. Not many people know that they can

agree and draft a resolution themselves (with the

assistance of a neutral third-party facilitator) in a

mediation rather than have a judge make a binding

decision for them that will most likely benefit only one

of the parties involved.

When we focus on the benefits of ADR techniques and

how it can improve resolutions for our clients, we are

contributing to the move towards restorative justice

and increasing the rate of resolutions for our clients. It

must be recalled that our clients are experiencing high

stress due to the conflict they are attempting to

resolve. We should place our focus on guiding them

through a process that provides improved

communication. This will allow their interests to be

shared effectively with the other parties. When all

parties are aware of the interests at stake, they become

more understanding when collaborating on a

resolution.

In areas like sentencing circles and Indigenous Peoples’

Court, the core elements of ADR such as active

listening, talking pieces and empathy are paramount to

resolving the issues. As mediators, arbitrators or

lawyers we can all learn from the deeply traditional

Indigenous approach to conflict resolution. Many of us

incorporate these values into our practice without

being aware of where they originated. With the

Canadian legal system moving towards restorative

justice and placing significance on ADR, we must teach

young legal professionals the history of Indigenous legal

traditions and how to incorporate them when

representing clients in mediations/negotiations.

2Truth and Reconciliation Commission of Canada (2012), Truth and

Reconciliation Commission of Canada: Calls to Action, at para 27

--

Jenna Sheikh completed her post-graduate studies in

ADR at Humber College and interned at ADRIO in 2017.

She is currently in her second year of law school.

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24 | ADR UPDATE FALL 2019

Treena Reilkoff

BSW, Q.Med, WFA, CMHA

ADRIO Director

Chair of PD Committee

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REMEMBER TO RENEW!

As we are approaching the holiday season and the

start of a new year, we want to remind and

encourage you to renew your membership and

ADRIO designations!

Our members are professional, proactive and

inspired leaders in the conflict management field.

ADRIO membership is the best way to effectively

stay engaged in the Ontario Dispute Resolution

Industry and be updated with important matters

that are at the forefront of the ADR conversation.

Please call 416-487-4447 and speak with Mena or

Morgan should you have any questions regarding

your membership. Looking for further

engagement? Visit ADR-Ontario.ca to join a

committee.

Read more about your ADRIO

Membership Benefits HERE.

“ ADRIO builds networks and provides opportunity for

mentoring and learning from other ADR practitioners,

affording members the potential to develop relationships and

discover special interest groups within the field. If you are an

ADR professional who recently moved from another province

or live a distance from the GTA, membership with ADRIO is an

opportunity to reconnect with like-minded individuals to build

your network and learn via video conferencing. Alternative

Dispute Resolution is a growing field for the new and the

experienced. The depth and specialties within ADR are

expanding and being a member of ADRIO provides the forum

to be a part of the cutting edge of ADR within the province of

Ontario.

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ADRIO Members can now view updated job listings and

apply for jobs using our new job board, HERE.

For more information, please email info@adr-ontario.ca

Members need to follow the instructions in the job posting and apply for jobs as instructed.

If you are interested in advertising a posting on the ADRIO job board, please contact the email address

noted above.

25 | ADR UPDATE FALL 2019

CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS

5 VALUABLE TIPS FOR ADR

STUDENTS BY JULIA ZUCKERNICK, BA (Hons)

One of the most common questions students ask

themselves near graduation is: “what’s next?” As an ADR

student it is easy to get overwhelmed by the amount of

ideas, opportunities and decisions that come our way. We

may be new to the field and yet to establish our practice,

however, we most certainly have a lot to offer the ADR

community. The following tips are recommended first

steps for those entering the field.

1. It’s Fine If You Change Your Mind

The reality is, finding your niche does not happen

overnight. Therefore, it is important to take the time to

explore all the possibilities. No matter the path you

choose, ADR offers various kinds of careers and there is a

field just right for you. Throughout my journey I have

learned, and I am still learning, that it is alright to change

your mind. As students we easily begin to feel the

pressure, and I would like to strongly reiterate that

nobody expects you to figure it out right away.

You will have the urge to try new things and your mind

may change completely in the end, so you may feel

surprised or excited. Maybe you have an interest in

arbitration and are now considering collaborative law, or

you are not sure which area of restorative justice you

want to explore. If you are leaning towards mediation,

maybe volunteer in each arena to help determine which

one appeals to you the most. The bottom line is simple;

you will not know until you try.

2. Network, Network, Network!

I often asked myself and my peers throughout my

academic journey these types of questions: Where do I

start? Who do I reach out to? Will anybody take me

seriously? I have come to realize that you reach a point,

as emerging professionals, when the band-aid must be

ripped off! For myself, the networking process was a

lot easier said than done. Networking can seem

nerve-wracking at first, and for some of us it is also

associated with fear, anxiety and even doubt.

However, the truth of the matter is that every

student is somewhat nervous in the beginning, and

that is okay. Just like ripping off a band-aid, it can

sting a little bit although it is very worthwhile. My

advice to ADR students is to seize each opportunity

that comes your way. Send out the email, make a

phone call or just stop thinking about it and do it! The

more networking and connections you create, the

more you strengthen your support system. It is a win-

win!

3. Professional Development Budget

It is frequently said that millennials like me have the

reputation of being financially strapped and are

addicted to technology and avocado toast. I think that

is a little far-fetched, although I do indulge in the

occasional piece of avocado toast because…who

doesn’t, right? Now, I am not going to go as far as to

say that the economy has “killed” millennials;

however, I believe that with our student loans along

with the state of the current real estate market, our

generation is facing a crisis in one way or another.

However, as a conflict resolution practitioner, I

believe that there is a feasible solution to this

This article continues on the next page.

26 | ADR UPDATE FALL 2019

problem. Explore part-time work, see how you can

give back in your community and, more importantly,

save your dollars wherever you can. Along the way,

you may realize that it is possible to make ends meet

while also saving. Try to ensure that you set aside

some funds to use towards your professional

development including further education and

training. Whether you decide to attend a workshop,

lecture, or a weekend training certification program,

it will be without a doubt a fantastic investment in

your future.

4. The “Entrepreneurial Mindset”

Something significant that I realized early in my

journey as an ADR student, is the importance of

adapting an “entrepreneurial mindset.” Mainly that is,

to understand you are valuable and can either

establish yourself on your own or with others. No,

that does not mean that you need to create your very

own business following graduation, it just means it is

something to consider. If opening your own practice

sounds appealing to you or is something you have

thought about, now is the time to consider it an

option. You can also consider getting in touch with

existing businesses or organizations, and kindly offer

them your time and service. In this case, remember to

not only think about why you want to work there, but

more importantly how you can contribute and add

value to their business.

5. Don’t Sell Yourself Short

This final tip may sound like straightforward advice,

however during the transition from school to work

you are going to want to remember it. Often, as

students, it is easy to overlook our own potential. The

truth is you may not feel like it right away, but you

have a ton to offer the ADR community. Students may

have fewer years of experience and are still

establishing their practice, that is okay. I want to

reiterate this does not mean that you are any less

capable, or ready to take on the task. You are ready!

It may feel scary, although everybody truly needs to

start somewhere. I would like to finish my final

thought with a quote from the Dalai Lama: “With

realization of one’s own potential and self-confidence

in one’s ability – one can build a better world.”

Julia Zuckernick, BA (Hons), is a recent graduate of

the ADR (Mediation) Program at Durham College.

Julia is passionate about conflict management and

helping other ADR Students navigate the ADR career

field.

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“ Membership with ADRIO has many benefits for me, as

someone starting my own business. It connects me to many

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I have reached out to them, from time to time, with questions

and concerns and found they possess a treasure trove of

insights and experience. I don’t know where I could get access

to that many experts in one place anywhere else. Not only are

they experienced in the craft of Mediation, but they also help

me with the “business of mediation.”

27 | ADR UPDATE FALL 2019

28 | ADR UPDATE FALL 2019

CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS

OPINION: RYERSON’S INNOVATIVE

LAW EDUCATION MAY NOT GO

FAR ENOUGH BY BARBARA BENOLIEL, PhD

This article is the opinion of the author and does not

reflect the position of the ADR Institute of Ontario.

Ryerson University in downtown Toronto has received

the province’s approval for their new degree granting

School of Law and is now accepting applications for 2020.

Ryerson’s proposed model of Integrated Practice

Curriculum is one of the innovations being suggested as

changing the face of law school education. While this is

an ambitious undertaking it is not unique. Lakehead

University has had this model of putting practicum

opportunities into courses. In a very competitive and

conservative academic field, there is some scepticism. Ian

Holloway wrote in the Canadian Lawyer that it is normal

for those in the field to be sceptical about change, even

to the point of writing “negativity is the governing

professional disposition…”1

For the ADR component of the curriculum, like many of

the other subject areas, it is included in the curriculum

together with the topic of Advocacy, but as one section,

in a semester full of other subjects. In the same semester,

their program outline lists: Coding Bootcamp, Advocacy

and Alternative Dispute Resolution, Wills and Estates,

Legal Innovation, Intellectual Property and Privacy, and

Access to Justice Solutions. That is one of the semesters.

A little bit of a lot of topics may be some exposure, but is

this a possible missed opportunity?

If Ryerson is looking to innovate, given the number of

possible applications for ADR solutions in so many

practice areas, would it not be worthwhile to consider a

specialization in ADR? This is particularly worthwhile to

consider because one of the key differentiators Ryerson is

promoting is their emphasis on social justice and critical

approaches to law. New programs are always in beta

development, meaning there will be revisions as the

program is put into practice and feedback from the field

influences content and delivery. It will be interesting to

watch and see where ADR might have a bigger place in

the curriculum if Ryerson truly wants to be the

innovator in changing how law is taught and practiced.

1https://www.canadianlawyermag.com/news/opinion/ryerson-reform-and-

the-pessimistic-lawyer/276163

--

Barbara Benoliel, PhD, is the President of Preferred

Solutions Inc. and is an ADRIO Board Director and

President’s Circle Member. She is also the Chair of

ADRIO’s Newsletter Committee.

Dr. Yazan Al-Naib

ADRIO Member since 2018

I Get More Acknowledgement with Membership www.adr-ontario.ca/join

“ To me, ADRIO is an organization dedicated to the promotion

of the ADR profession. It enhances the ADR profession and

assures provision of high-quality ADR services to the Public and

Businesses through qualification of professionals who comply

with stringent rules, procedures and codes of ethics. ADRIO

provides training programs, seminars, talks and networking

events, pursuing the enhancement of the strengths and

potential of its members. In a word, ADRIO is the path for me

to continually improve my skills and provide opportunities for

exposure to the ADR services seekers.

29 | ADR UPDATE FALL 2019

Let ADRIO Help You

Resolve a Dispute

Many organizations simply do not have the

time, resources or know-how to recruit qualified

ADR professionals, design workable systems or

administer cases effectively and efficiently.

These organizations, nevertheless, still wish to

reap the rewards of ADR. Other organizations

want administration and appointment handled

by a third-party neutral to create distance

between the ADR professionals and the party

paying for the ADR professional’s services, as

well as to ensure that there is neither bias nor

perception of bias.

Let the ADR Institute of Ontario help you

resolve your disputes.

For more information, call us at:

1-844-487-4447

Membership in ADRIO gives me access to member-

only prices for programs presented by well-

experienced fellow mediators and special lecturers

from other related fields. Through ADRIO, I associate

with other likeminded mediators and arbitrators which

in turn allows me to discuss cases and get feedback.

Also, as a member, I have earned credibility and will

continue to further become accredited in the Alternate

Dispute Resolution field.

Donald Whitty

ADRIO Member since 2018

I Get More Recognition with Membership www.adr-ontario.ca/join

CONGRATULATIONS ON YOUR NEW DESIGNATIONS!

Qualified Mediator (Q.Med)

Meagan Bensadoun

Lisa-Rae Cormack

Katie Damphouse

Tammy Elliott

Todd Ferguson

Mohamed Ben Gleil

William Goldbloom

Rekha Lakra

Andre Potvin

Drew Samuels

Maritza Sanchez

Ken Smith

Harold Tan

Shirley (Susan) Thorning

Qualified Arbitrator (Q.Arb)

David Alderson

Benjamin Basson

Cynthia Kuehl

Edward Lynde

Chartered Arbitrator (C.Arb)

Stephen J. Kelly

30 | ADR UPDATE FALL 2019

31 | ADR UPDATE FALL 2019

32 | ADR UPDATE FALL 2019

Realize Your Full Potential

ADR Institute of Ontario™ Approved Courses

The ADRIO™ Education Committee is charged with the responsibility of approving courses that instructors,

institutions and universities submit to the Institute for review.

The following alternative dispute resolution programs have been evaluated by the education committee.

Completion of a total of 40 hours meets the educational criteria for membership in the Institute. For details

regarding additional upcoming course dates, fees and locations, please see contact information in each of the

listing. Contact us to submit your course for approval by ADRIO™.

Mediation Courses

ADR & Advanced ADR Workshops (two 4-day programs)

Instructors: Stitt Feld Handy Group

Location: Toronto and Ottawa, Ontario (and other cities

throughout Canada)

Contact: Stitt Feld Handy Group at 1-800-318-9741 or 416-307-

0000

Website: www.adr.ca

The Alternative Dispute Resolution (ADR) Graduate Certificate

Program (full-time one-year program over two academic

semesters)

Instructors: Various ADR practitioners

Location: Humber College Institute of Technology, Lakeshore

Campus

Contact: Mary Lee, LL.M. (ADR), Program Advisor, ADR Graduate

Certificate Program (mary.lee@humber.ca)

Website: www.humber.ca/program/alternative-dispute-

resolution

Certificate in Dispute Resolution (140-hour program)

Instructors: Desmond Ellis, PhD.; Blaine Donais, BA, LLB.; Richard

W. Shields,LLB., MA., LLM., PhD., LSUC, Cert. CFM, C.Med.,

C.Arb., Cert.F.Med., Acc.F.Med.;Dennis Hodgkinson, BComm,

LLM, Cert. ADR.

Location: York University, Toronto, Ontario

Contact: School of Continuing Studies, Ph: 416-736-5616

Website: http://continue.yorku.ca/certificates/dispute-

resolution/certificate/

3-Day Advanced Workplace Restoration Course

Instructor: Blaine Donais, B.A., LL.B, LL.M., RPDR C.Med & Ann

Morgan BA, CVP, RRP, RP, WFA

Location: Toronto, Ontario

Contact: blainedonais@gmail.com

Dispute Resolution Courses

Upcoming Dates:

Level 1 – Fundamentals – January 13 – 15, 2020 and July 13 –

15, 2020

Level 2 – Mediation – February 10 – 12, 2020 and July 16 – 18,

2020

Instructors:

Rick Russell, B.A., LL.B., C. Med., C. Arb., Distinguished Fellow

I.A.M.

Heather Swartz, M.S.W., C. Med., Acc. FM, Cert. F. Med.

Shelley Stirling-Boyes, BA (Hons), Acc. FM

Contact: Rose Bowden – 1-800-524-6967 or (905) 627-5582 or

roseb@agreeinc.com

Website: https://agreeinc.com/our-services/training/dispute-

resolution-level-1-2

At Conrad Grebel University College, Waterloo, ON

Both workshops also qualify for credits toward a Certificate in

Conflict Management and Mediation offered by Conrad Grebel

University College, affiliated with the University of Waterloo.

These courses also qualify for LSUC CPD hours.

More course on the next page.

33 | ADR UPDATE FALL 2019

Riverdale Mediation Family Mediation Certificate Program

All courses and practicum/supervised experience for professional

family mediation certification with ADRIO, FDRIO and OAFM;

eligible for court-connected services.

Location: Toronto

Instructors:

Hilary Linton, CF. Med (ADRIO); FDRP Med (FDRIO); CFM (FMC);

Acc. FM (OAFM)

Elizabeth Hyde: Acc. FM (OAFM); FDRP PC (FDRIO).

Guest lecturers and coaches: TBD

Contact: Frank@riverdalemediation.com

www.riverdalemediation.com

Fundamentals of Mediation

This program contains 1.75 Professionalism Hours and 38.25

Substantive Hours.

Instructor: Kathryn Munn, LL. B., Cert. ConRes., C. Med., C.Arb,

IMI Certified Mediator; Donald Bisson, Q.Med (Northern Ontario)

Location: London, Ontario and other locations in Ontario;

Northern Ontario – D. Bisson

Contact: Munn Conflict Resolution Services – Ms. Munn at (519)

660-1242 or kmunn@munncrs.com;

Northern Ontario – Mr. Bisson 1-888-647-1720 or

donald@bissonmediation.ca

Website: www.munncrs.com; or for northern Ontario

www.bissonmediation.ca

Upcoming Dates in London, Ontario:

March 25, 26, 27, 30 & 31, 2020

October 28, 29, 30, Nov 2, & 3, 2020

Mediation – Alternative Dispute Resolution (graduate

certificate, one-year program)

Instructors: Dale Burt, MA Psych, Q.Med, Virginia Harwood,

Q.Med, Tricia Morris, Q.Med

Location: Durham College – Oshawa, Ontario

Contact: Dale Burt, MA Psych, Q.Med (Program Coordinator),

Dale.Burt@durhamcollege.ca

Website: http://www.durhamcollege.ca/programs/mediation-

alternative-dispute-resolution

5 Day Foundational Conflict Management & Mediation

Workshop – MDR Associates Conflict Resolution Inc.

Instructors: Richard J. Moore, LL.B., C.Med, C.Arb, CFM, Cert.

Med. IMI – MDR Associates

Location: Ottawa and various sites across Canada

Contact: Richard Moore at 613-230-8671

Website: www.mdrassociates.ca

Upcoming dates: March 23-27, 2020 in Ottawa, and April 26 –

May 1, 2020 in Toronto.

Toronto location: First Unitarian Congregation of Toronto, 175

St. Clair West

5 Day Advanced & Multiparty Mediation Workshop – MDR

Associates Conflict Resolution Inc.

Instructors: Richard J. Moore, LL.B., C.Med, C.Arb, CFM, Cert.

Med. IMI – MDR Associates

Location: Ottawa and various sites across Canada

Contact: Richard Moore at 613-230-8671

Website: www.mdrassociates.ca

Upcoming Dates: May 25-29, 2020 in Toronto

Toronto Location: First Unitarian Congregation of Toronto, 175

St. Clair West

Conflict Management Coaching

CINERGY® Coaching offers virtual training and 4-day in-person

Conflict Management Coaching Workshops.

Conflict management coaching – also known as conflict

coaching – is a one-on-one technique in which a trained coach

assists people to independently manage specific disputes or to

strengthen their conflict management skills. This process may

also be used to prepare individuals to participate in mediation

and negotiation. Conflict management coaching may be used in

any context in which clients want assistance to better engage

in conflict.

For more information and to register go to

www.cinergycoaching.com or contact us at

cinnie@cinergycoaching.com.

More course on the next page.

34 | ADR UPDATE FALL 2019

The Essentials

Instructor: Helen Lightstone LL.M.(DR),C-Med

For more information: www.lightstonemediationservices.com

The Essentials is designed to provide Dispute Resolution Training

students with the ability to differentiate between the negotiation

and mediation processes, to explain the roles of negotiator and

mediator and to provide insight into the positions of the parties

of a conflict. The Essentials will include engaging lectures, in-

depth class discussions as well as plenty of opportunity to

practice newfound skills by way of role-playing.

The Essentials is targeted to HR professionals, public and private

sector employees, legal professionals and anyone interested in

resolving disputes. Students will learn the consequences of each

type of dispute resolution process which could potentially save

time, money and increase morale and productivity. Anyone

interested in enhancing their current personal and professional

relationships will benefit from this course.

Course completion satisfies the educational component and

membership requirements of the ADR Institute of Ontario and

count as hours towards the educational component of the

Q.Med and C.Med designations.

Mediation for Professionals – Online

Instructors: LOUIE SPEDALIERE LL.B (Hons); Mary Joseph,

Q.Med.; Hayley MacPhail M.Ed., CYC cert., Q. Med; Laura gray,

BA, MA, LLM, AccFM

Contact: Alysha Doria, 905-839-0001

Website:

https://www.herzing.ca/professionaldevelopment/mediation-

for-professionals-certificate

ADR specialization (within the Legal Studies Program) Program

consisting of the following courses: Human Rights Mediation;

Employment & Mediation; Family Mediation; Theory and

Practice of Mediation

Name of Approved Course Provider: Legal Studies Program,

Faculty of Social Science and Humanities, University of Ontario

Institute of Technology

Location: UOIT, Oshawa, Ontario

Contact: Ms. Sasha Baglay, PhD, Director of Legal Studies

Program, Faculty of Social Science and Humanities, University of

Ontario Institute of Technology (UOIT)

Website:

http://socialscienceandhumanities.uoit.ca/legalstudies/current-

students/course-descriptions.php

Arbitration Courses

Comprehensive Arbitration Training

Instructor: Murray H. Miskin, LL.B.

Location: Toronto, Ontario

Contact: 416-492-0989, 905-428-8000 or by email at

miskinlaw@yahoo.com

Website: www.adrworks.ca

Correspondence Course in Arbitration

Location: Available anywhere in Canada

Contact: ADR Institute of Canada, Inc. at 416-487-4733

extension 101

Website: http://adric.ca/resources/training-handbooks/

For more courses,

workshops and

seminars, check our

events calendar,

HERE.

35 | ADR UPDATE FALL 2019

36 | ADR UPDATE FALL 2019

More ADR Update

To read past issues of ADR Update, click HERE.

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Contact ADRIO

1-844-487-4447 | 416-487-4447

info@adr-ontario.ca

www.adr-ontario.ca Th opinions expressed in the articles featured in this newsletter are that of the respective

writers and does not represent the views of The ADR Institute of Ontario.

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Take your ADR Career to the next level and join ADRIO today. We assist our

members, and users of ADR services, by providing information and education,

maintaining high professional standards and implementing a structure to ensure

members adhere to those high standards. See page 4 to view the many benefits

we offer.

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