ADR Updateadr-ontario.ca/wp-content/uploads/2017/03/ADR... · testimonial about why you are a...

Winter 2016 Newsletter of the ADR Institute of OntarioWith contributions fromADR Atlantic Institute ADR Institute of Saskatchewan ADR Institute of Manitoba

Newsletter Committee MembersNewsletter Committee MembersNewsletter Committee MembersNewsletter Committee MembersNewsletter Committee MembersColm BranniganColm BranniganColm BranniganColm BranniganColm Brannigan CMed CArbwwwmediateca OntarioBarbara BenolielBarbara BenolielBarbara BenolielBarbara BenolielBarbara Benoliel PhDPreferred Solutions Inc OntarioKKKKKen Gambleen Gambleen Gambleen Gambleen Gamble CMed CArbEarly Resolution Inc SaskatchewanLaLaLaLaLawrwrwrwrwrence Hermanence Hermanence Hermanence Hermanence Herman CMed Mediator andPrincipal Herman MediationsPramila Javaheri Pramila Javaheri Pramila Javaheri Pramila Javaheri Pramila Javaheri CMedJavaheri amp Associates Ontario ChairJennifer SchulzJennifer SchulzJennifer SchulzJennifer SchulzJennifer SchulzUniversity of Manitoba Faculty of LawManitoba

TTTTTo vieo vieo vieo vieo view back issues of w back issues of w back issues of w back issues of w back issues of ADR Updatehttpadrontariocaresources

newsletterscfm

The ADR Atlantic Institute ADR Institute ofOntario Inc ADR Institute of SaskatchewanInc and ADR Institute of Manitoba Inc areregional affiliates of the ADR Institute ofCanada They are non-profit privateorganizations established to provide leader-ship in the promotion of alternative disputeresolution for ADR professionals and users ofADR servicesThe opinions expressed by the variousauthors in this newsletter are not necessarilythose of the ADR Institute

Presidentrsquos Message

ADR Update

Inside this issue

Kathryn Munn LLB CertConRes CMed CArb IMICertified Mediator President

Presidentrsquos Message 1

Upcoming Events amp Courses 3

ldquoSo what are we talkingabout todayrdquo 4

ldquoThe Fee is Past its Sell-by(or Stale-by) Daterdquo 6

ldquoPreventing and ResolvingBusiness Partnership ampShareholder Conflictrdquo 10

ADRIC 2016Annual National Conference 12

ldquoHow to Manage Conflictin a Diverse Cross-CulturalWorkplacerdquo 16

ldquoEssential Conversations ProjectregA Prevention Movement inthe Aging Spacerdquo 19

ldquoTruth and ReconciliationStart a Conversationrdquo 22

Happy New Year toall Welcome to thepromise of newopportunities If thereis a word or themefor the ADR Instituteof Ontario for 2016 - itis engagement Wewant to engage ourmembers in everyway possible

First if you have notalready renewedyour membershipyou can do so online or contact theADRIO staff for assistance If youneed assistance Mena andMorgan can be reached at416-487-4447 ext 101 or 102 re-spectively

Engage with us by sending us atestimonial about why you are amember or why you hold a desig-nation We will feature your testi-monials on our website Perhapsyou may want to join one of ourmany committees startresurrectattend a section apply to be anintern or supervisor for the Intern-ship Program or contact theADRIO staff with your comments

Your thoughts andideas as membersare valuable to usYou can reach us atadminadrontarioca

The ADR Institutecontinues to be asignificant part ofyour professional andbusiness growth Inaddition to the manyservices (eg SpecialInterest SectionsMeet and GreetCivil ProcedureWorkshop) that are

already offered by the Institutewe will be launching newprograms and activities andthereby adding to the value ofyour membership The Instituteprides itself on being an organi-zation that places a large focuson meeting member needsand is completely governed bymembers We invite you toparticipate in our surveys so thatstaff can continue to be awareof your ideas and needs Youwill see that we have inserted asurvey corner in our weekly E-bulletins and website In addi-

Details will be available soon at wwwadrontarioca

SAVE THE DATEADRIO Annual General Meeting and Conference June 2 2016

ADR UPDATE WINTER 2016

2

Return to ldquoInside This Issuerdquo

PresidentPresidentPresidentPresidentPresidentKathryn M Munn LLB CertConResCMed CArbMunn Conflict Resolution Services

VVVVVPPPPP Pr Pr Pr Pr President Electesident Electesident Electesident Electesident ElectJennifer Bell CMedPlacet Dispute Resolution

SecrSecrSecrSecrSecretaretaretaretaretaryyyyyLorraine Joynt MCAJoynt Resolutions

TTTTTrrrrreasureasureasureasureasurerererererEnzo Carlucci CA CBVDuff amp Phelps

VVVVVPPPPP Repr Repr Repr Repr Representing Ontarioesenting Ontarioesenting Ontarioesenting Ontarioesenting Ontarioon the National Boardon the National Boardon the National Boardon the National Boardon the National BoardMichael Erdle CMed CArbPractical Resolutions Inc

Directors

Roger Alton CHRPRoger Alton CHRPRoger Alton CHRPRoger Alton CHRPRoger Alton CHRP CMed CMed CMed CMed CMedJust Resolutions

Barbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDPreferred Solutions Inc

Peter BrPeter BrPeter BrPeter BrPeter Bruerueruerueruer BA BA BA BA BAConflict Resolution Service St StephenrsquosCommunity House

Jason Dykstra AccFJason Dykstra AccFJason Dykstra AccFJason Dykstra AccFJason Dykstra AccFMMMMMAbsolution Mediation

Adam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMed

Anne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMMediation at Work Ltd

Lawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)Herman Mediations

Cecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbJaipaul Consulting

Pramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedJavaheri amp Associates

Kathleen KellyKathleen KellyKathleen KellyKathleen KellyKathleen Kelly BComm LLB LLM BComm LLB LLM BComm LLB LLM BComm LLB LLM BComm LLB LLMCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbKelly International Settlement Services Inc

Oliver MartinOliver MartinOliver MartinOliver MartinOliver MartinStitt Feld Handy

Cinnie Noble CMedCinnie Noble CMedCinnie Noble CMedCinnie Noble CMedCinnie Noble CMedNoble Solutions Inc

L J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLB(Past President)WeirFoulds LLP

Margaret Rees CMedMargaret Rees CMedMargaret Rees CMedMargaret Rees CMedMargaret Rees CMedYorkStreet Dispute Resolution Group Inc

Board of Directors

Connect with ADRIOConnect with ADRIOConnect with ADRIOConnect with ADRIOConnect with ADRIO

tion we will be launching Tele-seminars (mini-conferences via thephone) so that many of youacross Ontario can participateThanks to the creativity of theProfessional Development Com-mittee the launching of Tele-seminars will help to address theage-old problem of increasingengagement from our membersin rural communities The firstprofessional development Pro-gram will take place in the Springfollowed by the Annual GeneralMeeting on June 2 2016 Commit-tee Members and Section Chairsare also working to bring excitingevents for 2016 Our website(wwwadrontarioca) lists activitiesthroughout the year - there is aSpecial Interest Section meetingavailable most weeks To learnmore about Special InterestSections visit httpadrontariocaresourceseventscfm

Another focus of the Institute isthose who are new to ADR Wewill be launching our Business in aBox series to assist new practition-ers with their business This serieswill feature basic tools financialknowledge marketing and awealth of information for yourpractice

Stay-tuned for the announcementof a new Roster and our call formore members to refresh currentrosters The staff of the ADR Insti-tute will be visiting more commu-nities and are open to yourinvitation to meet with you

CMed and QMed designation holders can earn Continuing Educationand Engagement (CEE) points by

bull volunteering on committees taskforces and boardsbull being a keynote speaker at a conferencebull authoring book reviews and articles

Did you know

Come and volunteer with ADRIO

The ADRIO Board of Directorsworked hard last year to approvestrategic directions streamlinecommittees and align volunteerfinancial and staff resources so ifwe seem tired and it is only thebeginning of the year you knowwhy 2016 will mark the implemen-tation of our Strategic Directions

Mark your calendar for the ADRICNational Conference on October12-14th 2016 to take place inToronto at the Ritz Carlton TheADRIC Conferences are filled withgreat learning opportunitiesnetworking and fun Not only willyou meet ADR professionals fromacross Ontario but you will alsomeet colleagues from acrossCanada and internationally TheConference provides a greatopportunity to learn and discusscutting-edge ideas in ADR Weexpect that you will be thrilledwith the conference

The ADR Institute has a line-up ofactivities planned with you inmind and if you miss them youcan access resources and over50 recorded section meetingsessions through your memberportal Many of our activitiesare recorded For those that arenot recorded well you just haveto be there

In the spirit of the new year a toastto all the promising opportunitiesfor us in 2016 It will be a greatyear to be a member of the ADRInstitute of Ontario

Section Meetings Committees Contact Us

3



Upcoming Events amp CoursesPlease register for events via your Member Portal

Registration links for Non-Members may be found on the host affiliates website

EVENTS

February 17 2015ADRIM Table Talkspresented by ADR Institute of ManitobaSpeakers Roy McPhail PEng QMed QArb Eric StutzmanAndrew WynchnenkaWinnipeg Manitoba

February 18 2016SIS Meeting Public Conflicts SectionTopic ADR Working in the Regulatory Area in OntarioSpeaker Gordon Kaiser FCIArb

March 1 2016SIS Meeting Workplace SectionTopic TBDSave the date

March 16 2016SIS Meeting Insurance SectionTopic TBDSave the date

April (Date TBA)ADRIO Professional Development ProgramADR Institute of OntarioDetails coming soon adrontarioca

AprilMay (Date TBA)ADRIO Member Orientation Eveningfor New Members and those considering membershipADR Institute of OntarioADRIO office and by webinarDetails coming soon adrontarioca

June 2 2016Annual General Meeting and ConferenceADR Institute of OntarioSave the date

October 12-14 2016ADRIC 2016 - AGM and Annual National ConferenceADR Institute of CanadaThe Ritz Carlton Hotel Toronto Ontario

ADRIOrsquoS SIS MEETINGS andSPECIAL EVENING PRESENTATIONSThe ADR Institute of Ontario presents Special Interest Sec-tion (SIS) Meetings and Special Presentations at their offices(405-234 Eglinton Avenue East) and via webinar 1-2 evenings aweek from 545 - 730 pm ET Free Advance registrationrequired via your Member Portal(Previously recorded SIS Meet-ings are in your Member Portal) CMeds and QMeds earn 2 CEEpointshourTo view a list of our Section Chairs and Chair position vacanciesvisit our SIS web page click here

COURSES

Practical Ethics for Working Mediatorspresented by ADR Institute of Ontarioongoing - 247 online accessAvailable to Members and Non-Members

National Introductory Arbitration Coursepresented by ADR Institute of ManitobaInstructor Lawrence Cherniak LLB CMed CArbApril 26 27 28 May 3 and May 4800 am - 530 pm dailyWinnipeg Manitoba

Civil Procedure Workshoppresented by ADR Institute of OntarioWith Gary Furlong BA CMed LLM (ADR)Saturday April 30 2016900 am - 430 pmADRIO office Toronto

ADRIO Approved CoursesThe Educat ion Committee has evaluated and approved[these courses] which meet the educational cr i ter ia formembership in ADRIO

Other Courses

Member Courses ADRIO posts other ADR courses on itswebsite at no charge to assist members looking for ADRrelevant training

ADR Institute of Canada (ADRIC) has an agreement witheach affiliate allowing each to use the red logo Pleasebe advised that the red logo will expire on October 2016and ADRIC will not permit its use beyond this date Staytuned for a downloadable version of the new logo formembers to use

On October 2015 ADRIC launched a new logo andinvited all affiliates to adopt it You can learn moreabout it at adricca

ADRIC and ADRIO NEW LOOK


4


What could be better

Well let me challenge that propo-sition Irsquom wondering if it could bebetter Is ldquosomeonerdquo missing fromour conversations within ourprofessional organization thatshould be there

A couple recent posts on LinkedIngot me thinking more about thisquestion and Irsquom embarrassedabout it As a mediator andsomeone who works in the Abo-riginal and public consultationfield asking many questions isingrained But so is striving to inviteand ask the right people Are weas ADR professionals missingldquosomeonerdquo

ADRIO and ADRIC provide us withnumerous opportunities to havegood conversations about thepractice of ADR and what we allare convinced as the tremendousvalue ADR offers to governments(both Aboriginal and ldquononrdquoAboriginal) communities busi-ness individuals and civil society

And so we often talk about ADR ndashtogether

But within a professional organi-zation like ADRIO is there a riskthat we forget to include the veryparties who we think will benefitfrom our ADR services Moreimportantly how did ldquowerdquo figure

R D (Bob) WR D (Bob) WR D (Bob) WR D (Bob) WR D (Bob) Waldon MA QMedaldon MA QMedaldon MA QMedaldon MA QMedaldon MA QMed has

more than 30 yearsrsquo experience across

Canada in land acquisition environment

dispute resolution and external relations

as a consultant and in senior manage-

ment for major projects government

and Aboriginal matters

ldquoSo what are we talking about todayrdquo

out ldquotheirrdquo needs if they arenrsquotpart of our conversations and ifwe donrsquot ask There may beresearch discussions or publica-tions on this question but I donrsquotsee them very often and Irsquomconcerned not often enough

As a special interest section com-mittee organizer and ADRICmember this is something I oughtand intend to spend more timeworking on Paying close atten-tion to ldquotheirrdquo needs goes right tothe heart of everything we dofrom process design through theskilled facilitation of it and after-wards as part of evaluating oureffectiveness and making adjust-ments for ldquothe next timerdquo In factldquothe next timerdquo rightly depends onhow close we pay attention toand address the needs of thosewe serve doesnrsquot it

Broadening our conversation mayinvolve asking questions thatcould involve some challengingresponsesbull Why do ldquoyourdquo (those we serve)

think ADR may not work for youOr more importantly why doyou feel it didnrsquot work

bull Are we looking at our practicestandards techniques and skillsin light of current and evolvingchallenges norms andmodalities and are we keepingup

bull How do ldquoourrdquo answers to thesekinds of questions square withldquotheirrdquo perspectives Do we seethese things the same way asthe people who we want to use

Being part of an ADR community of peers practitioners

and professionals is a great thing It provides excellent

opportunities to learn commiserate and develop

relationships that often transcend our professional worlds

All this happens when we make an effort to challenge

assumptions communicate openly and collaborate

is there a risk that we forget to

include the very parties who we think

will benefit from our ADR services

5



our services and if not why not

If these are the kinds of questionsyou are discussing clients nowyou have insight to offer the restof us If we as a profession are notasking these kinds of questionscollectively shouldnrsquot we beAnd exactly whom should ldquowerdquobe asking

Letrsquos look at how we can openour ldquoourrdquo conversations up tothose we serve What can we doas ADRIC members to bringldquotheirrdquo voices into ldquoourrdquo conversa-tions While this is something thatis happening within some of our

special interest section meetingsperhaps it can take place moreoften and on a scale and plat-form that has broader reach

As ADRIO members we can allplay a part to encourage thisbroader conversation by usingthe tools our professional organi-zation offers usbull Suggest and help organize

special interest section topicsand speakers that explore theclient perspective on ADR

bull Use the ADRIO Member PortalDiscussion groups to post re-sources and ldquooutsiderdquo

viewpointsbull Volunteer to help develop

conference agenda or work-shops that include moredialogue to seek out and em-brace the perspectives of thepeople communities andorganizations we are here toserve

No doubt you will have your ownideas to help build an inclusiveand helpful dialogue about howbest to serve the needs of ourclients

So what are we going to talkabout today

Congratulations to ADRIOMember and Director MichaelErdle LLB CMed CArb forbeing selected for inclusion inthe 2015 Edition of BestLawyers in Canada copy in thethree practice areas AlternativeDispute Resolution InformationTechnology Law andTechnology Law

read more

Michael Erdlenamed in 2016LexpertAmericanLawyer Guide tothe Leading 500Lawyers in Canada

Michael Erdle LLB CMed CArb

Civil Procedure Workshop forNon-Lawyer Mediators

SaturdayApril 30 2016900 am to 430 pm

Instructor

Gary Furlong BACMed LLM (ADR)

The ADR Institute of Ontario is proud to present

The ADR Institute of Ontario is pleased to present afull-day workshop covering the basics of civil proce-dure in Ontario for non-lawyer mediators Theworkshop goes toward fulfilling the civil procedurerequirements for the Ontario Mandatory MediationProgram (OMMP) Topics will include

Basic Civil Procedure -the litigation process from start to finish each of thesteps in a lawsuit cost implications a glossary oflegal terms and what mediators need to know aboutthe process

Civil Procedure for Contract ampEmployment Claims -legal concepts and terminology related to two of themost common file types that reach mediation basiccontract disputes and wrongful dismissal

Civil Procedure for Tort amp Insurance Claims -concepts and terminology specific to both insuranceand personal injury claims and the various automo-bile insurance acts passed over the last decade

Click here for more information and to register

httpadrontariocaresourcesevent_detailscfmannouncementId=2467

ADR Institute of Ontario 234 Eglinton Avenue E Suite 405 Toronto


6


Where the Program used to

have about 400 cases per year

today the number is 150

The Insurance section of the ADRInstitute of Ontario (ldquoADRIOrdquo)presented a live program andwebinar on ldquoThe Fee is Past its Sell-by (or Stale-by) Daterdquo by Mr BruceAlly at the ADRIO office in Torontoon September 24 2015

Mediation has become verypopular today this is evidencedby how many lawyers are trying toget involved in it themselves TheOntario Mandatory MediationProgram (ldquoOMMPrdquo or the ldquotheProgramrdquo) has now been in placefor 16 yearsmdashhow has the pro-gram changed and what aresome opportunities

Mr Ally introduced DarrylGonzalez who has worked at theOMMP since 2002 Initially theProgram involved mainly casemanagement A mediator wouldbe assigned after 30 days if theparties didnrsquot choose one them-selves The Program was sendingout 8 to 10 cases per day But afterthe Practice Direction in 2005 theProgram became party-drivenThis led to a dwindling number ofcases Where the Program used tohave about 400 cases per yeartoday the number is 150 Manymediators in the Program canrsquotget work The average numberhas gone from about 6 to 8 cases

per mediator peryear to 2 TheProgramrsquos feeshave also beenunchanged sinceits inceptionmdash$600 + applicablefees Mr Gonzalez

added he personally wished thefees could increase because theProgram requires a lot of work onthe mediatorsrsquo end that partiesdonrsquot see Mr Ally has started aninitiative in this regard so hope-

ldquoThe Fee is Past its Sell-by (or Stale-by) DaterdquoGuest Speaker Bruce Ally PhD LLM (ADR)

BrBrBrBrBruce Allyuce Allyuce Allyuce Allyuce Ally PhD LLM (ADR) PhD LLM (ADR) PhD LLM (ADR) PhD LLM (ADR) PhD LLM (ADR) has been

mediating since 1985 and by 2008 had

completed over 3000 mediations His focus

includes specializations in personal injury

employment law and engineering and

construction disputes among others Mr

Ally has taught courses in mediation and

acted as an arbitrator in numerous private

matters He is also a coach and educator in

the York University Advanced Mediation

Program and the Small Claims Mediation

Practicum Mr Ally is also a Workplace

Fairness Analyst with the Institute for

Workplace Fairness and one of the certified

child protection mediators in Toronto

By Ben Drory QMed QArb

fully there would be some results inthe next few years

Mr Ally noted that the number ofclaims being filed in court has notgone down but rather actuallygone up So what is behind thedecline in mediations in theOMMP In the old days he got alot of pushback from lawyers thatit was ldquotoo early for mediationrdquomdashthat there had been insufficienttime to build the file (This alsoimplies fewer opportunities forbillable hoursmdashcounsel also havean economic incentive to maxi-mize the chance to make moneyon a file)

How does this affect the opportu-nity to transition into mediation asa career Can you be effectivelycompensated for it Mr Allyintroduced Maurice Ford aformer human rights investigatorand mediator with the OntarioHuman Rights Commission Heanalyzed the matter this way Inthe OMMP as a mediator youcan bill up to $200hour for 3hours for each file But behind thescenes your preparation willrequire at least another hour Yourpractice will also require contactsites (phone email and fax andmaybe an office) plus a websiteand business cards These prob-ably cost $1000-$1200monthAnd this does not count traveland parking costs you must alsoincur Realistically you wouldneed about 3 cases per month tobreak even

Should a cost-of-living adjustmentbe considered in the mediationprofession Mr Ally conducted astudy of OMMP members Hewanted to gather and considerfacts and evidence The numberof civil trials is increasing andmany mandatory family

7



mediations are beginning tooThere is also talk about legislatingcondo mediationmdashwhich couldbe extremely significant in To-ronto Some estate matters arenow also mandatory Mr Allyperceived that thousands of

people are ldquogetting out ofrdquo mat-ters that ought to be coming tomandatory mediation Since fewerof them are coming to the OMMPwhere are these matters going inorder to resolvemdashthe initial legaldisputes are definitely still ongo-ing Mr Ally stated that thegovernment is also not payingas much attention to this field asit should But there is no co-ordinated effort within the ADRprofession to bring all of thesediverse practice areas togetherShould somebody in the ADR fieldget together on our professionalsrsquobehalf to advocate to the govern-ment And if so who

One thing that speaks to thegovernment is finances andbacklogs There are cost savingsto courts and parties from theOMMP that are identifiable Arethey statistically significant MrGonzalez noted that the settle-ment rate in the OMMP is about45-50mdashwhich is a significantnumber and has been steadyaround that rate for a few yearsnow Mr Ally added that media-tion is not only alleviating back-logs Mediation usually happensprior to discoverymdashso can poten-tially cut off many steps in thelitigation process (Note thoughthat you would also be askingcounsel to cut off some of theirearnings) Counsel like havingtheir cases fully developedmdashthey

have a duty to do their best fortheir clients and not enter impru-dent settlements

Mr Allyrsquos survey of OMMP media-tors received 75 responsesmdashwhichis about a 50 response rate fromthe roster and speaks to how

germane the pay issue isWhy do lawyers engage inand promote mediation yetroster mediators are notgetting enough work(Some felt that sometimessenior counsel use a par-ticular mediator whichusually will nearly ensurethat their junior lawyers also

do the same)

The chief basis of the survey wasthe OMMP pay rate which hasnrsquotincreased in 16 years The surveyincluded 10 questions which allcreated the opportunity forfeedback 100 ofrespondents agreedthe OMMP fees shouldbe increased 61 felta tiered fee systembased on experiencewould be appropri-ate 82 agreed thatthey had difficultysetting dates with partiesmdashwhichleads to a great deal of uncom-pensated effort 64 agreed thatthere should be an opportunity tocharge fees when submissions andbriefs are received extremely latebefore the mediation 97 agreedthat the Attorney General should

FIND A MEDIATOR ARBITRATORTRAINER OR OTHERADR SPECIALIST WITH OURUNIQUE SEARCH ENGINE

ADR CONNECT

HTTPADRCANADAFORCECOMADRMEMBERSEARCH

there is an inherent

lack of respect for the roster

whereas it was once the

standard to aspire to

The chief basis of the survey

was the OMMP pay rate which

hasnrsquot increased in 16 years

provide support for mediators inrecovering the fees that they bill(Currently the only avenue tocollect for non-payment is throughSmall Claims Court) 92 alsoagreed that there should becancellation fees based on rea-sonable timeframes

There was a discussion among thegroup regarding why the OMMPhas fallen into relative disusecompared to initially Some rostermediators get cases becausethey are perceived as ldquocheaprdquomdashie a rubber stamp so that theparties can proceed to court Butothers also advised of an oppositeissuemdashie that sometimes theycanrsquot get work as a roster media-tor because the parties want aldquogenuinerdquo mediator Mr Allystated there is an inherent lack ofrespect for the roster whereas itwas once the standard to aspire

to The disrespect reflects not justupon the roster but upon theentire profession The results of hisstudy demonstrate a statisticaldesire among ADR professionalsfor change to this dynamicmdashyetalso a pessimism that positivechange can be achieved


8


I dived into Bypass Court as a newreader I had not read any of theearlier editions Any book whichhas had five editions over 20 yearslikely has the attributes of a classicand Bypass Court did not disap-point me

The authors set out to provide anoverview of dispute resolution inCanada for a diverse audiencewhich includes ldquoanyone involved inan existing or potential dispute anystudent practitioner or devotee ofdispute resolution and any merelycurious or interested readerrdquo As Iread that in the preface I wonderedif this topic is still as necessary asunfamiliar for those diverse readers asit may have been in 1996 The firstchapter opened with the authorsrsquo answer to myquestion the topic of dispute resolution is ldquomorerelevant than everrdquo and they backed that up withcurrent examples

The authors are clear to acknowledge the value ofthe rule of law and the Canadian courts as thesystem within which ldquothe field of dispute resolutionhas been able to flourishrdquo Bypass Court is a thor-ough catalogue of methods that can be used toresolve part or all of a dispute outside of the courtsystem The first chapter includes three very helpfulquestionnaires to assist people in a dispute decidewhether they need a consensual adjudicative orinformative process

Bypass Court takes a very user-friendly approachChapter Two on constructive conversation distin-guished from negotiation includes practical sugges-tions recent examples and brief reference to brain

science The following chapter illustrates construc-tive conversations in action through a scan of nego-tiation conflict coaching facilitation andcollaborative practice and restorative justice initia-

tives Mediation partnering non-trialdispute resolution in courts arbitra-tion complaint handling plusombuds and dispute resolutionprogram design are dealt witheach in separate chapters with apractical focus and as detailed asthe scope of this slim volumepermits There is a small separatechapter on legal concepts four ofthe key legal concepts that under-pin dispute resolution in Canada ndashsettlement privilege confidential-ity privacy and fair process Thedetailed table of contents makes iteasy to navigate

In the mediation chapter the authorsgeneralize to a common processused for civil court actions brokeninto three stages Although there arecertainly mediation processes whichdo not follow these stages and thismay confuse readers who arrive atmediation expecting to find what isdescribed in the book in my view the

authors give a basic answer to mediation clientsrsquousual questions about what will happen at themediation and leave it up to mediators to do theirjob in preparing people for the specific process theyplan to use The authors grapple with another me-diator FAQ ldquoWhat do mediators actually doldquo andin that case provide responses across a range ofmediation styles

In their epilogue the authors personalize the bookwith their answer to why they each have stayed inthe dispute resolution field for over 25 years

Bypass Court does not purport to be a how-tobook for dispute resolution professionals It is anexcellent resource to recommend to our clientsstudents and all the professionals we meetwhose work involves helping people in disputessuch as lawyers social workers counsellors andaccountants

A Book Review by Kathryn Munn LLB Cert ConRes CMed CArb

Bypass Court A Dispute Resolution Handbook ndash Fifth edition

By Genevieve A Chornenki and Christine E Hart

Reviewer KathrReviewer KathrReviewer KathrReviewer KathrReviewer Kathryn Munnyn Munnyn Munnyn Munnyn Munn

LLB Cert ConRes CMed CArbLLB Cert ConRes CMed CArbLLB Cert ConRes CMed CArbLLB Cert ConRes CMed CArbLLB Cert ConRes CMed CArb

IMI Certified MediatorIMI Certified MediatorIMI Certified MediatorIMI Certified MediatorIMI Certified Mediator

Kathryn is a mediator arbitrator and

facilitator based in London Ontario

She is President of the ADR Institute

of Ontario since June 2014

9




10


Many business disputes

originate from power

imbalances

The BusinessCommer-cial section of the ADRInstitute of Ontario(ldquoADRIOrdquo) presented alive program andwebinar on ldquoPrevent-ing and ResolvingBusiness Partnership ampShareholder Conflictrdquoby Mr Michael Erdleand Mr Daryl Landauat the ADRIO office inToronto on June 222015

The session focused onbusiness start-ups andother sorts of partner-ships (eg sharehold-ers joint ventures asopposed to the legaldefinition of ldquopartner-shiprdquo) There are manysynergies with businesspartnerships but theycan also be unstable arrange-ments fraught with problemswhich can be expensive to dealwith in litigation Business schoolsalmost never talk about how todo partnerships correctly Circum-stances motivations and expec-tations can change over time asdo peoplersquos memories and per-ceptions of what they agreed toBattles are often fought overthese memoriesmdashconflicts ofhindsight such as ldquowhy did weagree to Xrdquo Life changes canoccur over time too such asillness and divorce leading totransitionsuccession issues Oftentimes putting things in writingcould have saved many difficul-ties There is an analogy to mar-riage contractsmdashyou canseparate amicably at the endwithout one but having things in

ldquoPreventing and Resolving BusinessPartnership amp Shareholder ConflictrdquoGuest Speakers Michael Erdle CMed CArb and Daryl Landau

Michael Erdle is a Chartered Arbi-

trator mediator and lawyer He is

the co-founder of Practical Reso-

lutions Inc with a focus on ITIP

disputes in shareholder and joint

venture matters Michael is a Di-

rector of ADRIO

Daryl Landau MA MSc

AccFM of Common Ground helps

closely-held businesses prevent

and resolve conflict He draws

upon his experience in a family

business of mediators and train-

ers of mediators

Michael ErdleMichael ErdleMichael ErdleMichael ErdleMichael Erdle DarDarDarDarDaryl Landauyl Landauyl Landauyl Landauyl Landau

a contract at the beginning is stillhelpful

Many business disputes originatefrom power imbalances Howactive or passive are people inthe business Partners often donrsquothave clear understandings ofeach otherrsquosrolesmdashforexample howmuch eachwill work theexpertise eachbrings whatmoney theyare bringing inWhat kind of duty do you have toyour partner In a legal partner-ship you have a fiduciary duty toyour partner but it is less clear inother kinds of relationships andventures Over the course of

years there will likelybe disputes and youneed some kind ofmechanism to dealwith them It is diffi-cult to anticipatewhat triggeringevents may be orwhat constitutes amaterial change inthe business Whattypes of situationswould validly re-open the agree-ment Gettingpeople to talk aboutlsquowhat ifsrsquo is verydifficultmdashmost areusually just con-cerned with thinkingabout immediatebusiness decisions

Mr Landau gave asummary of David

Gagersquos book ldquoThe PartnershipCharter How to Start Out RightWith Your New Business Partner-ship (Or Fix the One Yoursquore In)rdquo AldquoPartnership Charterrdquo is a docu-ment (not necessarily a legal one)that clearly outlines the goalsexpectations responsibilities and

relationships ofthe principalsit identifiespotentialsources ofconflict andhow they willbe resolvedwhile address-

ing issues such as personal stylesvalues money and power Itaddresses business issues such aseach principalrsquos visionvalues forthe business and how ownershipmanagement and governance


11



will work It asks each principal tocomplete at least one personalityindicator (eg the MBTI) andleads to a conversation aboutvalues It also talks about thefuture of the businessmdashscenario-planning (trying to image lsquowhat-ifsrsquo and how might they deal withX or Y) which also helps generatea dispute resolution clause

For those who would question ifthis discussion may undermine thepartnership it is probably better toaddress this at the beginningbefore there is lots of investmentand expectations than later onYou can acknowledge there is arisk to it but still say itrsquos a wisething to domdashyou have to normal-ize these conversations into some-thing thatrsquos beneficial APartnership Charter is not aboutfocusing on all the risks if things gobadly (that is typically a lawyerrsquosjob) but rather about how to setup the business to ensure thingsgo well In most cases the corpo-rationrsquos accountant and lawyerwould likely be happy to have afacilitator involved for this pur-posemdashthey are usually working forthe corporation (not the princi-pals) so they greatly want toavoid problems that could blowup the company

How much time should you spendtrying to save an unstable busi-ness before moving towards tryingto wrap it up Mr Erdle suggestedinformal processes have tendedto work best for him to help pushthe reset button and establishsustainable processes to helpgoing forward If that doesnrsquotwork and there is a crystallizeddispute then a formal mediationprocess is appropriate But MrErdle tries to ward off getting to a

ADR Ontariorsquos Education Committee evaluates and approves

courses that instructors institutions and universities submit for

review Completion of a total of 40 hours meets the educational

criteria for membership in ADRIO and the QMed designation

Please click the link above for upcoming course information or

contact us if you are interested in having your course approved

ADRIO Approved CoursesADRIO Approved CoursesADRIO Approved CoursesADRIO Approved CoursesADRIO Approved Courses

Telephone Number (416) 487-4447Toll Free 1-844-487-4447 (Outside of GTA)

Fax Number (416) 487-4429Email adminadrontarioca

ADRIO Member RichardMcLaren CArb has beennamed to the Order ofCanada for his participationin the Major League Baseballinquiry into steroid use Con-gratulations Richard

ADRIO Member RichardMcLaren CArb namedto Order of Canada

Click here for details

point where there is aformal Statement of ClaimRegarding different modelsfor resolving a conflictarbitration may be betterin these situations thanlitigation if you can struc-

ture the arbitration proceeding tokeep the matter and result confi-

dential and out of the public eyeExpedited arbitration may beappropriate for valuation issueswhere principals have decided topart waysmdashthis can cut out alldiscovery processes and helpappoint a specialist in the fieldbefore whom you can put de-tailed financial documents

HappyRetirement

Lynn Bevan CMed David McNabb CMed

Ken Selby CMed CArb

Congratulations to the followingmembers on your retirement Wewish you happiness and success inthe years ahead

you have to normalize

these conversations into

something thatrsquos beneficial


12


Each Fall ADRIC presents our AGM and Annual National Conferenceincluding two full days of substantive learning with over 40 stimulatingsessions in specialized streams such as Commercial Mediation WorkplaceFamily Special Interest etc Conference topics reflect current interests andissues across Canada and internationally with special keynote addresses bysome of the leading experts in the field

This event is by far the best venue to network with prospective clients andreferral sources and develop strategic relationships that will help you nowand into the future

Position yourself and build relationships with national and internationalindustry leaders including in-house counsel arbitrators mediatorslawyers and the most sophisticated consumers of arbitration andmediation services

Mark your calendars and save the dates October 12-14 2016Ritz-Carlton Toronto

FULL-DAY PRE-CONFERENCE WORKSHOP WEDNESDAY OCTOBER 12

OCTOBER 12-14 2016 TORONTO

The Global Pound Conference (GPC) Series 2016-17 will facilitate thedevelopment of 21st century commercial and civil dispute resolution toolsat domestic regional and international levels

Launching in Singapore and finishing in London the GPC Series willconvene all stakeholders in dispute resolution - commercial partieschambers of commerce lawyers academics judges arbitratorsmediators policy makers government officials and others - atconferences around the world 36 cities across 26 countries are alreadyconfirmed These conferences will provoke debate on existing tools andtechniques stimulate new ideas and generate actionable data on whatcorporate and individual dispute resolution users actually need and wantboth locally and globally

Be part of the Global Pound Conference Series and help shape the future ofdispute resolution

PLUS ADRIC IS PLAYING A KEY ROLE IN HOSTING THE CANADIANEDITION OF THE IMI GLOBAL POUND CONFERENCE SERIES 2016-2017

ADRICca

ADRIC 2016 ANNUAL NATIONAL CONFERENCECANADArsquoS LARGEST MOST PRESTIGIOUS AND MOST IMPORTANT ADR EVENTtrade

P L AN T O AT T E N D P L A N T O S P O N S O R

13



A Book Review by Colm Brannigan CMed CArb

Mediating Justice Legal Dispute Negotiations 2nd edition

By The Honourable George W Adams QC

Toronto CCH Canadian Limited 2011

ISBN 978-1-55496-321-8

525pp

This is an extremely comprehensivebook that covers theory andpractice in a well-written way onthe topic of Alternative DisputeResolution within the civil justicesystem

The author The HonourableGeorge W Adams who wasrecently the guest speaker at the2015 ADR Institute of OntariorsquosAnnual General Meeting is oneof Canadarsquos best-known media-tors The extensive depth andbreadth of his experience isobvious and provides the readerwith the opportunity to learn fromone of the best

There has been much published inthe dispute resolution field sincethe first edition of this work ap-peared in 2003 and even sincethis second edition in 2011 Atthat time it was published it wascertainly one of the most com-plete overviews of its topic inCanada This second edition canalso more than its own amongany other similar book on ADR inCanada today

As the author statesldquoThe second edition keeps thebook connected with the mostrecent interdisciplinary literatureon dispute resolution and confirmsthe template of the original textThe reader is also updated on therole of emotions in conflict resolu-tion as well as on the topics ofethics culture and online technol-ogy There are more visuals morepractice tips and more practiceroutines to help integrate theoryand practice Recent develop-ments in mediator confidentiality

are highlighted as are the evolu-tion and positioning of new mod-els of mediationrdquo

The depth and breadth of thiswork can be gauged by review-ing the table of contents It con-sists of nine comprehensivechapters each divided into sub-chapters as follows

Chapter 1

SETTLEMENT AN INTRODUCTION

1 Legal Dispute Negotiations2 Law Courts and Settlement3 The Rise of the ADR Movement4 Power Imbalances Second-

Class Justice and AdversarialLegalism

5 Conclusion

Chapter 2

NEGOTIATION

1 Negotiation Conflict andPower

2 Negotiation Strategies3 Choice of Negotiation Strategy4 Conclusion

Chapter 3

BARRIERS TO NEGOTIATING

AGREEMENTS

1 Cognitive and EmotionalBarriers

2 Trust3 Ethics in Negotiation4 Online Dispute Resolution

(ODR)5 Agents6 Multiple Parties7 Cross-Cultural and Related

Barriers8 More Tools for Overcoming

Barriers9 Conclusion

Chapter 4

LEGAL DISPUTE NEGOTATIONS

1 Why Do Lawyers Negotiate2 Determinants of Legal DisputeNegotiations3 Decision Analysis4 The Lawyer-Client Relationship5 Conclusion

Chapter 5

MEDIATION

1 What Mediation Does2 What Do Mediators Do3 The Mediation Process4 A Mediatorrsquos Preparation5 Conclusion

Chapter 6

THE ACTIVITIES OF MEDIATORS

1 Diagnosing Disputes and theBarriers to Agreements

2 Mediator Functions Activitiesand Tactics

3 Managing Rights Justice andEquity Seeking in Mediation

4 Facilitative versus Directiveand Evaluative MediationTechniques

5 When Mediation May Not BeAppropriate

6 Responding to Disruptive and

Colm Brannigan is a Chartered Mediator

and Arbitrator and can be contacted

through his website wwwmediateca or by

e-mail at colmmediateca

Reviewer Colm BranniganReviewer Colm BranniganReviewer Colm BranniganReviewer Colm BranniganReviewer Colm Brannigan


14


1 I must also disclose that I am member of theAdvisory Board of Modria Inc the leadingODR platform in the United States andelsewhere

2 httpwwwmediatebccomPDFs1-14-Family-MediationmdashFAQsGuidelines_Mediating-from-a-Distance-(Second-editiaspx

3 httpswwwcivilresolutionbcca4 httpwwwmorrowmediationcablog

archives08-2012

Destructive Strategies7 Pure Facilitation8 Pre-Negotiation Conferences9 Problem-Solving Workshops10 Advocacy in a Mediation

Lawyers as Co-Mediators11 Conclusion

Chapter 7

THE INSTITUTIONALIZATION

OF MEDIATION

1 Introduction2 Who Should Mediate3 Standards4 Accountability5 Confidentiality and Privilege6 Settlement Approval7 Conclusion

Chapter 8

OTHER ALTERNATIVES

1 When Mediation fails2 Choosing Alternative Processes3 Neutral Evaluation and Fact-

Finding4 Mini-Trial5 Summary Jury Trial6 Ombuds Processes7 Arbitration8 Final-Offer Selection (FOS)9 Mediation-Arbitration (Med-

Arb)10 Facilitation of Partnering

Visioning Interpersonal andinter-Group Problem-SolvingWorkshops

11 Public Policy Mediations12 Back to Mediation13 Conclusion

Chapter 9

DISPUTE RESOLUTION DESIGN

A CONCLUSION

1 Introduction2 A Framework for System Design3 Design as a Collaborative

Intervention4 Rights Interests and the Trans-

formation of Conflict5 Dispute Resolution Design

Opportunities6 Mass Tort Claims A Conflict

Resolution Design Example7 Barriers to the Systematic Use of

Mediation in Legal Disputes8 Conclusion

The book has been very skillfullyindexed in a Topical Index andalso includes a comprehensivebibliography although given therate of publication of articles andbooks about ADR any bibliogra-phy is likely to be out of date themoment it is published Many ofthe chapters can stand alone asextremely helpful overviews ofeach topic covered

I have a particular interest inOnline Dispute Resolution (ODR)and the authorrsquos coverage is for itstime a comprehensive overview1

Now in 2015 we have the BC longdistance project that was men-tioned in the book mentionedproducing the second edition ofMediating from a Distance whichis a set of guidelines for onlinefamily mediation2 We also nowhave the BC Civil ResolutionsTribunal which effectivelyreplaces Small Claims Courtand also deals with condo-minium disputes3 In Quebecthere is an online Small ClaimsCourt pilot so there is a lothappening in this area and ADRprofessionals and lawyers alikeneed to be aware of the chang-ing ODR landscape and tech-nologyrsquos potential and actualimpact on what we do

The section on advocacy is ex-tremely well done and outlines anarea where much work is neededADR professionals have not donea good job explaining the differ-ence between advocacy in courtor arbitration as compared toadvocacy in mediation to lawyersPerhaps this is part of the reasonwe see a decline in the use of thejoint session in mediation In anyevent the way it is dealt with in this

book will be helpful to mediatorsand counsel alike

The book clearly shows howfacilitative mediation is not apassive process which seems tobe forgotten in the rush towardsevaluative mediation

In an earlier review on his websiteBernard Morrow another wellknown ADR practitioner com-

mented that if there was some-thing missing from this book it wasthe lack of ldquoreal liferdquo stories4 Iagree with this comment andhope that the next edition con-tains more from the authorrsquos ownexperience

It is difficult to do justice to thescope of this work in a shortreview The book is lengthy butthe reward for reading it is adetailed understanding of legaldispute resolution in a way that islikely to improve your practicewhether you are a lawyer mediatorother dispute resolution practitioner

If the question is whether ADR andespecially mediation adds valuein legal disputes this bookanswers with a resoundingldquoyesrdquo It can be used as text-book for ADR courses or as amainstay of a practitionerrsquoslibrary It has not been recognizedto the extent it should be by theADR community

If the question is whether ADR and especially

mediation adds value in legal disputes this book

answers with a resounding ldquoyesrdquo

15


ADR UPDATE WINTER 2016NEW ADRIO

CONSTRUCTION ROSTER

ADRIO is thrilled to

announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in

learning more please

keep an eye out for

more details in our

weekly bulletin soon

Update your ADR

Connect profile

today

If you would like to be considered for this

roster you must have a complete member

profile on ADR Connect It is the tool the

Institute uses to shortlist arbitrators for

work under ADRICrsquos Arbitration Rules

and to provide mediator rosters to

callers Referring professionals

government members of the private and

public sector also regularly search ADR

Connect to locate mediators arbitrators

and other ADR professionals under

specific specialty areas

Members must have a complete profile to

be considered for any ADR Institute Roster

opportunities Allow us to find you and

your specialties so we can select you for

Rules cases rosters etc and allow ADR

users to find you Update your Member

Profile with key information about yourself

and your practice including Services

Provided Cities Serviced Areas of

Expertise Designations and your Bio and

or Resume

ADR CONNECT IS CANADArsquoS LARGEST SEARCHABLE DATABASE OF ADR PROFESSIONALS


16


Luis Oreacute is an internationally rec-

ognized expert in consensus

bu i ld ing and c ross-cu l tu ra l

workp lace conf l ic t manage-

ment He has a dispute resolu-

t ion and workplace consulting

practice in Lima Peru and is pres-

ently Latin Americas Director of

Workplace Fairness Institute

Luis E OreacuteLuis E OreacuteLuis E OreacuteLuis E OreacuteLuis E Oreacute Susanne SkoruppaSusanne SkoruppaSusanne SkoruppaSusanne SkoruppaSusanne Skoruppa

The ADR Institute ofOntario (ADRIO) wasexcited for a return ofthe topic of workplaceconflict to a SpecialInterest Section meetingheld at the ADRIOoffice on September 282015 This event pro-vided a unique per-spective on the subjecthowever as its panelconsisted of interna-tional guests Luis Oreand Susanne SkoruppaThrough personal anec-dotes these two indi-viduals informativelycompared the opera-tion of workplaces inNorth America andworldwide

Luis Ore is an interna-tionally recognizedexpert in cross-culturalworkplace conflictmanagement and consensusbuilding He has a workplaceconsulting practice in Lima Peruand is presently LatinAmericarsquos Director of WorkplaceFairness Institute Luis began hispresentation with a story that isdepictive of the corporate culturein his home country of Peru Thestory describes the environment ofa business meeting there Firstlyeach businessperson was ldquolaterdquoto the meeting according to thetime as read on the clock Al-though this seems like an unques-tionable faux-pas it was not evenacknowledged by the meetingrsquosattendees The meeting beganwith introductions and small-talkbetween the attendees and dueto the time spent on these theagenda of the meeting did not

By Rachel Frydman BHSc QMed

Guest Speakers Luis E Oreacute and Susanne Skoruppa

ldquoHow to Manage Conflict in a DiverseCross-Cultural Workplacerdquo

get completed In fact the struc-ture of the meeting did not followa proposed agenda whatsoeverThe flow of the conversationcould be viewed as erraticInstead of a linear processionthrough the agenda topics theconversation jumped from topicto topic in an unplanned arrange-ment (a circular approach) Thisportrayal of an everyday businessmeeting in Peru can be com-pared to a similar meeting thatwould occur in North AmericaThe main focus of this meeting isthe content with specific empha-sis on completing the plannedagenda in a linear approachTime and efficiency are valued ata business meeting in NorthAmerica and thus it is expectedfor attendees to be on time and

to remain concentratedon the issues at handLuis summed up thedifferences betweenthese two scenarios bylooking the function oftime in both cultures ForPeruvians and many inLatin America ldquotime ispeople and relation-shipsrdquo while in NorthAmerica ldquotime ismoneyrdquo

Luis also used the con-cept of power relation-ships to illustratecross-cultural differ-ences between SouthAmerica and NorthAmerica At an automo-tive factory in KentuckyUS Luis was enlisted toaid in a communicationissue between non-English speaking workersand their Supervisors

There were reports of racism andmistreatment from the workersLuis strategically approached theSupervisor understanding whatculturally he would value andthus what logic would resonatewith him Luis told this Supervisorthat it would be in his best interestto stop mistreating the automo-tive plant workers because theirproductivity would increase as aresult and he would look goodfacing his own bosses The Super-visor was able to appreciate thisreasoning because Luis spoke toone of his culturally engrainedpriorities Had the same situationoccurred at a factory run by aSouth American individual Luismay have decided to change hisapproach to managing theconflict The South American

Skoruppa is a consultant and

trainer certified in negotiation and

mediation with more than ten years

of experience working with inter-

national and national organizations

at the nexus of law psychology

management and research

17



Write for us

Supervisor may be more recep-tive to stopping his behaviourfor reasons other than personalbenefits Luis may have tried tomake this Supervisor realize hispoor conduct from a socialconscience perspective

Like Luis Ore Susanne Skoruppa isin an ideal position to provideinformation on cross-culturaldifferences in the workplace OfGerman decent she works in thecountry as an intercultural trainerfor organizations that require aidin developing positive relation-ships with their internationalpartners This is a necessary re-source for these organizations asGermany is still a relatively ho-mogenous country withworkplaces often consisting ofworkers belonging to a singlesimilar culture Thus these workersbenefit from relevant training tobe able to better interact interna-tionally with people from differentcultural backgrounds Susannereferred to intercultural theoriesthat distinguish cultures based onvarious factors including commu-nication patterns and dealingwith conflict situations amongothers For example low-contextcultures use a direct style ofcommunication whereas high-

context cultures convey messagesin a much less direct way Interest-ingly the large majority of theworldrsquos cultures are consideredhigh context While it can be seenthat conflict has the potential toarise in both contexts the meth-ods of solving the conflict actsas the differential In Germanynon-adversarial methods ofworkplace conflict resolutionspecifically ADR and mediationare still less integrated on a largerbasis than in Canada

Professional administration is available from ADRIC

The new ADRIC Arbitration Rules continue to offer the option of having ADRIC administerthe partiesrsquo arbitration for them Under this option ADRIC supports the parties byattending to many of the logistics involved in running an arbitration

The fees for this service are modest and the parties continue to control their proceeding

The ADR Institute of Canadas new Arbitration Rules cameinto effect December 1 2014 These rules establish clearmodern and common-sense procedures under whicheffective arbitrations can be conducted

bull Developed for both Canadian and International business and corporate communitiesbull The leading choice for Canadian businesses and others to govern their arbitrationsbull The result of a comprehensive two-year review which engaged in a broad

consultation process

To obtain a copy of our ADRIC Arbitration Rules visithttpadrcanadacarulesarbitrationcfm or contact us at 416-487-4447 1-877-475-4353 adminadrcanadaca

The SIS meeting concluded withanother disheartening thoughtBoth Luis and Susanne wereasked to speak about a per-sonal experience with a goodefficient functional workingworkplace conflict manage-ment system Neither of themcould provide a response to thisquestion The reality is that thesesystems are hard to come byand that this is an area of ADRthat requires much more devel-opment

Click on the links to see impor tant AuthorGuidelines where to send submissions and

Adver tising Oppor tunities

ADR UpdateADRIOs Newsletter forPractitioners

SPRING ISSUE DATEDeadline for articles April 4 2016May 12 2016

FALL ISSUE DATEDeadline for articles August 152016September 22 2016

Up to 1000 words

Click Here to see the complete AuthorGuidelines and where to send submis-sions

Consider writing for ournational publications alsoADR Perspectives(up to 950 words for CorporateCounsel and ADR Users)andCanadian Arbitration and Media-tion JOURNAL(up to 5000 words for practitioners)

2016 ARTICLE SUBMISSION DEADLINES


18


THIS ONLINE ETHICS COURSE IS DESIGNED TObull ensure and encourage enhanced professionalism and

adherence to best practicesbull assist you in creating your own ldquoEthical Blueprintrdquobull increase awareness of mediation valuesbull assist you in becoming a more reflective practitionerbull provide a foundation for skillfully resolving ethical

dilemmas that emerge in your practice

Materials include the best writings on ethics in mediationand are required reading World renowned experts havebeen interviewed on camera to help bring the conceptsalive for the learner

The course is estimated to take approximately 6-8 hoursin total and can be done in small time increments to suityour schedule it is available online 247

PRACTICAL ETHICS FOR

WORKING MEDIATORS

LAW SOCIETY CLE AND CEEbull Law Society of Upper Canada 2 Professionalism

hours and 6 Substantive hoursbull Law Society of Saskatchewan 8 hours (2 ethics)bull Law Society of New Brunswick 8 hoursbull Law Society of PEI number of hours spent

ADDED BENEFITS OF COURSE COMPLETIONbull discount on ADRIO Full Membership renewalsbull 10 discount on ADRIC sponsored insurance

premiums through Marsh Canadabull 16 CEE points for QMeds and CMeds

ONLINE COURSE

httpadrontarioscholarlabca

Available to ADRIC Members and Non-Members too

Register Now

Completed by over600 individuals

New and Improved Platform

19



DrDrDrDrDr Amy DrsquoAprix Amy DrsquoAprix Amy DrsquoAprix Amy DrsquoAprix Amy DrsquoAprix is an author corporate speaker consultant facilitator

and coach specializing in life transition issues of aging retirement and

caregiving She has an extensive background working with older adults

and their caregiving families Dr Amy is the Co-founder of the Essential

Conversations Project Inc an organization that trains Professional

Facilitators to guide families with the conversations they often struggle

having during life events and transitions that occur in midlife and

beyond

Amy S DrsquoAprix MSWAmy S DrsquoAprix MSWAmy S DrsquoAprix MSWAmy S DrsquoAprix MSWAmy S DrsquoAprix MSW PhD PhD PhD PhD PhD Resa S Eisen MSWResa S Eisen MSWResa S Eisen MSWResa S Eisen MSWResa S Eisen MSW

Resa S Eisen Resa S Eisen Resa S Eisen Resa S Eisen Resa S Eisen has been in the field of mediation providing services

and programs for clients in public and private sectors for more than

35 years Her mediation practice has focused on family law workplace

issues and now elder and family conflicts Resa designed the Elder

Mediation Training Program (EMTP) the first of its kind in Canada and

provides Elder Mediation workshops She is the Co-Founder of the

Essential Conversations Projectreg

On May 4 2015 theElder Section of theADR Institute of Ontario(ldquoADRIOrdquo) held a liveprogram and webinaron the ldquoEssential Con-versations Projectrdquo withspeakers Resa S EisenMSW RSW and Dr AmyDrsquoAprix Drawing heav-ily from their many yearsof professional experi-ence spanning thefields of elder caresocial work and media-tion Resa and Amyintroduced the onsiteand online audience tothis initiative they arespearheading TheEssential ConversationsProject charts a wayforward for the olderadult and herhis familywho are facing lifetransitions in mid-lifeand beyond

Amy described ldquoEssen-tial Conversationsrdquo asldquotalking to the mostimportant people in ourlives about the mostimportant things in ourlivesrdquo The speakers listed types ofsituations that can be helped byan Essential Conversation end-of-life care for loved ones someonehaving to ldquohang up the car keysrdquobecause of diminished capaci-ties or move to a nursing home orout of the family home succes-sion planning within the familyintergenerational wealth transferand wills and powers of attorney

Notably such issues often do notarise one at a time And each

ldquoEssential Conversations ProjectregA Prevention Movement in the Aging SpacerdquoGuest Speakers Amy DrsquoAprix MSW and Resa Eisen MSW

By Mary Korica

involves change whether it bedeveloping a plan to address thesituation coordinating informa-tion exchange and decision-making amongst the partiesinvolved or relinquishing somedegree of freedom (true not justfor ailing older adults but also foranyone taking on responsibility forpart of their care) Resa and Amyshared stories of families brokenup by these types of life transi-tions sometimes for generations

When facing suchsituations they saidmost families are notable to have con-structive conversationson their own With thehelp of an EssentialConversationsFacilitator success ismuch more likely

The work of afacilitator is differentfrom that of a media-tor in a number ofways said the speak-ers For one thefacilitator casts a widenet seeking to includeeveryone who canimpact decision-making and planningfamily friends and theformal support systemThis is done out ofrecognition that thetransition impactseveryone in the familyand support networknot just the older adultat its centre Anotherreason for such aninclusive approach isexperiencemdashhaving

everyonersquos voice heard makes abig difference Difficult life transi-tions that impact complex systemsof relationships have a tendencyto generate misunderstandingsand resurrect old wounds evenfrom childhood And every me-diator knows that even the bestagreement or consensus can beundermined at the last minute byan uncooperative party As Resanoted ldquoso much of what peopledo with the family and client in


20


these situations tends to be prag-matic but the situations are somuch more than pragmatic mdashtypically unaddressed emotionalconcerns can create impassesrdquo

To have the best chance ata sustainable solutionfacilitators turn the stand-ard mediation model onits head spending thegreat majority of theirtime preparing theground before any meet-ing of the parties Thisinvolves a systematicprocess to hear from andempower everyone in-volved through individualmeetings Whether inperson or by phone or Skypewhen distance requires it theindividual meetings allow peo-ple to say things they wouldhold back in a group settingand also to experience a differ-ent way of being heard mdash some-thing which often leads to achange in perspective for the

individual and in turn allowschange to happen when theparties are brought together Thereis much more moving back andforth between joint and individual

sessions as well as more attentionto slowing down the process sothat participants have time toprocess developments

Resa and Amy emphasized thatthe facilitatorrsquos role is tostrengthen all the people in theconversation As Resa noted ldquowe

know when people come into asituation that is not resolved theycan be confused disorienteddisorganized or unclear So in theprocess of the conversation what

we really want to do ismove everybody espe-cially the older person to afeeling of more confi-dence more clarity morecertainty and moretrustrdquo She said there areways of communicationthat can often ensure evenpeople with dementia areunderstood and theirfeelings are taken intoaccount

The process is very transpar-ent and the parties know that thefacilitator will delve into any issuethat is important to a resolutionincluding difficult ones While therole of the facilitator is to be aneutral third party who construc-tively steers the conversationguiding the parties to truly hearthe meaning behind each otherrsquos

The Use of ADR in Class

ActionsAn Historical Perspective

1 part (1hr 10mins)

Confidentiality in Arbitration

and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)

Earn CPD credits from law societies across Canada

ON-LINE CONFERENCERECORDINGS SITEADRIC has a number of important sessions recorded from our

previous Annual National Conferences available online for viewing at

your convenience including videos from ADRIC 2015 Big Sky BigIdeas in ADR Outstanding sessions on key topics by acclaimed

speakers including our keynote speakers Choose individual session

recordings or purchase combined packages at special discounts

Earn CPD credits from law societies across Canada Order today to

add to your personal or firm resource centre The ADRIC 2013 and

ADRIC 2014 Videos are now available free of charge Visit

wwwadrcanadascholarlabca and use these respective coupon

codes at checkout ADRIC2013 and ADRIC2014

Also be sure to visit our YouTube channel for several free video

recordings from the conference including ADRIC Talks ndash Big Ideas in

ADR and the ADRIC 2015 AGM

Difficult life transitions that

impact complex systems of

relationships have a tendency

to generate misunderstandings

and resurrect old wounds even

from childhood

21



words and imagine solutions itcan also be very practical Thefacilitator may help the familydecide who will take on whatresponsibilities in the care of theolder adult and with the con-sent of the parties may play acoordinating role

Medical practitioners and othersfrom the formal care system areoften very willing to be part of theconversation They frequently runinto family disputes at acutestages of care They recognizethe value of feeding into a con-versation that will allow them tovoice their ideas and concerns tothe family contribute to solutionsand prevent obstructions topatient care Amy also notedthat at a time when the formalsupport system is strapped forresources Essential Conversationsoften allow the substantial infor-mal resources in the family to bemaximally tapped

The results of Essential Conversa-tions can be impressive As Amynoted when multiple people withvarying perspectives hear all theimportant information at thesame time it shifts the situationOnce expectations are clarifiedand differences in values andviewpoints have been airedparties often generate their owncreative solutions and makeoffers to try to meet each oth-errsquos needs demonstrating sur-prising generosity The resolutionsat times involve a new way ofbeing a familymdashit may not neces-sarily be closer but can potentiallybe more authentic As Resa saidldquoThey may not come out with theclosest of relationships but theyrsquollbe much more confident aboutwhat they can expect from each

Advertise

We accept

space ads of all sizes

and Classified Ads

See our rate card

in the Newsletter

otherrdquo Parties themselves haveacknowledged how much theyhave benefitted saying things likeldquowe never could have done thisourselvesrdquo

Through their presentation of theEssential Conversations Projectand through candid examplesfrom their own lives Resa andAmy delivered reassurance thatthere is a better way for familiesand professionals to handledifficult life transitions of lovedones and clients They have

The resolutions at times involve a new way of

being a familymdashit may not necessarily be closer

but can potentially be more authentic

created the Essential Conversa-tions Designated Facilitatortraining program NorthAmerica-wide and they areestablishing a community ofldquoEssential Partnersrdquo namelyprofessionals who come intocontact with aging familiesthrough their work and whowould benefit from the servicesof the Essential ConversationsProject The Project will also beparticipating in the ongoingresearch program that Amy andResa have created in partnershipwith the University of North Caro-lina at Chapel Hill Resa and Amyencourage anyone interested tolearn more about the EssentialConversations Project atwwwessentialconversationsprojectcom


22


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WE ACCEPT ADS OF ALL SIZES and Classified Ads For ad sizes and ratesdownload our rate card today

ADRUpdateNewsletteradrontarioca 416-487-4447 1-844-487-4447 ext 109

On June 24 2015 thePublic Conflict andRestorative Justice sec-tions of the ADR Instituteof Ontario (ldquoADRIOrdquo)jointly held the liveprogram and webinarldquoTruth and ReconciliationStart a ConversationrdquoHosted by the chairs ofthe two sections respec-tively Bob Waldon andBunny Macfarlane theevent was a discussion inCircle format1 about theJune 4 2015 release ofthe Truth and Reconcilia-tion Commission ofCanadarsquos (TRC)findings on the impact ofresidential schools onAboriginal peopleThe findings are the resultof six years of the TRCrsquoswork across the countrythrough events meet-ings town halls and statementgathering from some 7000 indi-viduals who shared theirstories The final report includes 94specific recommendations toaddress the harms done andposes important questions for allCanadians to consider2

Mr Waldon began the session byexplaining that the discussion wasbeing hosted by both ADRIOsections because Canadarsquosrelationship with aboriginalpeoples involves both publicconflict and restorative prac-tices The organizersrsquo motivationwas to invite ADRIO membersand interested non-members todiscuss the TRCrsquos findings andcontribute in some way to thecommissionrsquos effort

Moderators Bob Waldon QMed and Bunny Macfarlane CMed

ldquoTruth and Reconciliation Start a Conversationrdquo

By Mary Korica

Ms Macfarlane described toattendees how the Circle formatwould work and Mr Waldon tooka moment to acknowledge thatthe meeting was being held ontraditional territory of theMississauga and Meacutetis nations MsMacfarlane posed the first TRCquestion to the group ldquoHowshould people feel about the TRCrsquosworkrdquo A number of people con-veyed strong negative emotionslike being sickened ashamedand angry about what the TRChad uncovered People spoke of

ldquoa blow to our identityas Canadians to dis-cover such blackness inour pastrdquo and ldquoa socialjustice inequity that hadgone unaddressed for fartoo longrdquo as well as insome cases personalshame at not havingdone something soonerand uncertainty aboutwhat they should donext

Often the same peoplealso expressed strongpositive feeling aboutthe TRC especiallygratitude for its work forthe courageous honestyof those who partici-pated and for thepossibility that now existsfor native and non-native cultures inCanada to build some-thing new People re-

ported feeling ldquohopeful ofpositive changerdquo ldquocurious to learnmorerdquo ldquoopennessrdquo to the TRCreport desire for ldquogreater dia-loguerdquo and ldquoencouragedrdquo andldquoeagerrdquo to act now One personpresented the model of a residen-tial school survivor who turnedshame into power by returning toher community to teach herlanguage

Ms Macfarlane then put to thegroup the TRC questions ldquoWhatdoes reconciliation look like

R D (Bob) Waldon QMed has

more than 30 yearsrsquo experience

across Canada in land

acquisition environment dispute

resolution and external relations

as a consultant and in senior

management for major projects

government and Aboriginal

matters

R D (Bob) WR D (Bob) WR D (Bob) WR D (Bob) WR D (Bob) Waldon QMedaldon QMedaldon QMedaldon QMedaldon QMed Bunny Macfarlane CMedBunny Macfarlane CMedBunny Macfarlane CMedBunny Macfarlane CMedBunny Macfarlane CMed

Bunny is a mediator trainer and

restorative justice practitioner

She teaches conflict manage-

ment and dispute resolution at

Brock University and mediates

insurance claims at Financial

Services Commission of Ontario

(FSCO)

23



ADRIO Internship Program

httpwwwadrontariocaresourcesPilotInternshipProgramcfm

If you are interested in being a Supervisor or have any questions regarding thisprogram please contact Mena Sestito 416-487-4447 ext 101 menaadrontarioca

Does it matter to yourdquo All of theparticipants felt that reconciliationmattered to them some becausethey felt burdened by a Canadianidentity that included the harm ofresidential schools others becauseof the opportunity to turn harm togood by developing a model ofunderstanding in Canada thatmight benefit or inspire others

Many attendees said that they didnot know what reconciliationlooks like and sometimes com-mented with a note of despair atwhat they perceived as the com-plex and long-entrenched natureof the problem But even so theyoffered ideas of reconciliationincluding treating people equallyand with equal respect as well asdeveloping a deep understandingof each other through educationand a change of attitude

Some people noted that reconcili-ation cannot be a single event oractionmdashthat it is a process Forexample one person suggestedthat reconciliation may lookdifferent depending on particular

circumstances but in all casesthere must be an ongoing polish-ing of the relationship Anotherdrew from a tenet of RestorativeJustice which requires asking thequestion ldquowhat does the victimneedrdquo She pointed out that noone can assume what the victimsneed after cultural genocide andit would be good to have anation-wide conversation wheregroups across the country askwhat are the native communitiesrsquoneeds and how can we help fulfillthem Drawing on her own experi-ence with native people anotherattendee said that reconciliationlooks like ldquohard workmdashand won-derful workrdquo She recalled theadvice she had been given by thelate Anishnawbe elder JoeSylvester to remind the group thatas with anything the way youlearn to do it is one step at a time

One person commented thatreconciliation is about bridging adivide between two parties whichrequires a number of things tohappen As a first step the victims

must be empowered so thatthey can participate fully inreconciliation and this shouldinclude restitution Also recon-ciliation must at some pointinvolve forgiveness whichrequires bringing the offenderinto a process that affords themsome dignity and promotes theirhonest apology He noted that ifthe churches and governmentinstitutions responsible for thelegacy of residential schools arevilified entirely it may triggerdistancing and hardening ratherthan re-establishing connection ldquoIfwe allow our anger and disgust todominate we risk perpetuatingthe dividerdquo he warned

Commenting that forgiveness did

Seeking Supervisors

Some people noted that

reconciliation cannot be

a single event or actionmdash

that it is a process

ADRIOs new Internship Program is seeking additional supervisors forInterns throughout the GTA You will find a comprehensive descriptionof the program a supervisor application and an agreement govern-ing the supervisorsupervisee relationship online here


ADRIO is accepting internship applications Interns must possess a postsecondary degree diploma or certificate or educational equivalentand will have completed 80 hours of approved mediation training Thisinternship will also be of interest to members with experience in onearea who wish to expand their practice A completed internship willcontribute to a Qualified Mediator (QMed) or Chartered Mediator(CMed) designation Read more and find the application onlinehttpwwwadrontariocaresourcesPilotInternshipProgramcfm

Interested in applying for an Internship


24


not seem possible to him at thistime another person said the goalshould be good practices basedon good intentions which mayallow the next generation tomove reconciliation furtherSomeone followed up by sayingshe did not believe it is any-onersquos right to ask for forgive-ness that forgiveness is a giftwhich can only be offered notrequested She added that giventhe enormity of the harm done ifthe opportunity for forgivenessarises it will have to be conveyedthrough actions which are astronger communication than words

Another person expanded on the1996 report of the Royal Commis-sion on Aboriginal Peoples state-ment that ldquothere can be no peaceor harmony unless there is justicerdquoShe said that there can be nojustice without a realization ofour interdependence What istrue for Aboriginal people asone people of the medicinewheel3 is true for all of themwhen one group is weak we allare For this reason reconciliationshould matter to everybody Itshould also matter because nativepeople have great knowledge toshare with non-natives ldquoI think wewill realize that when they get

stronger we all get strongerrdquo shesaid

The final TRC question that MsMacfarlane posed to attendeeswas ldquoWhere do we go fromhererdquo A number of those presentsaw a need to educate thebroader public about the TRCand promote a more accurateunderstanding of First Nations inCanada One person com-mented that it would be unfor-tunate if the misguideddismissive view of First Nationslargely held by Canadarsquos non-natives to this point was re-placed by another simplisticview of First Nations as victimsThey emphasized the wealth ofFirst Nations practices and ideasthat could be applied topresent-day concerns like theenvironment systems of politicalorganization and decision-mak-ing and approaches to justice

1 ldquoCirclerdquo is a meeting format derived from North American First Nations practices It is sometimesknown as Talking Circle Healing Circle Peacemaking Circle Listening Circle or RestorativeJustice Circle and involves a specially chosen object being passed to each person assigningthem the opportunity to speak It can be a powerful tool to improve decision-making andstrengthen community (More information is available at httpwwwdancingtoeaglespiritsocietyorgcirclesphp)

2 The Truth and Reconciliation Commission of Canadarsquos findings are available at httpwwwtrccawebsitestrcinstitutionindexphpp=890

3 The medicine wheel in North American First Nations worldview conveys multiple concepts one ofwhich is that its four quadrants black red yellow and white represent the four symbolic racesmaking up the same human family (Source httpwwwtncdsboncanewresourcesABOR20Medicine20Wheelpdf)

ADRIO wishes to thank our writers for their contributions to our Newsletter

MarMarMarMarMary Koricay Koricay Koricay Koricay KoricaMary Korica MA is a freelancewriter graduate of the YorkUniversity Certificate in DisputeResolution and a member of andvolunteer writer for the ADR Instituteof Ontario

Rachel FrRachel FrRachel FrRachel FrRachel Frydman BHSc QMedydman BHSc QMedydman BHSc QMedydman BHSc QMedydman BHSc QMedRachel Frydman is a volunteer writerfor ADRIO She is currently workingtowards her fami ly mediat iondesignation as well as her Masters inSocial Work

Ben DrBen DrBen DrBen DrBen Drorororororyyyyy QMed QArb QMed QArb QMed QArb QMed QArb QMed QArbBen Drory QMed QArb is anaccident benefits arbitrator with ADRChambers and a member of andvolunteer writer for the ADR Instituteof Ontario

Catherine KenwellCatherine KenwellCatherine KenwellCatherine KenwellCatherine Kenwellis a freelance writer and a graduateof the York University Certificate andAdvanced Cert i f icate DisputeResolut ion programs She is avolunteer writer for the ADR Instituteof Ontario

Attendees supported the idea ofpromoting ongoing dialogueabout the TRC report in the courseof their personal and professionallives when talking with friendsneighbours colleagues otherorganizations or their local Mem-bers of Parliament Suggestionsalso included promoting dia-logue between native and non-native communitiescontributing to holding govern-ments accountable for imple-menting the 94recommendations and support-ing school curriculum changeon the topic of First Nations MsMacfarlane committed to bring-ing the issues discussed duringthe meeting to the attention ofADRIOrsquos Board of Directors andMr Waldon said that the topicwould be addressed again atanother meeting of ADRIOrsquos PublicConflict Section

25


ADR UPDATE WINTER 2016Webinar Recordings Available

BUSINESS AND COMMERCIAL SECTIONMed-Arb The Debate Continues Date Recorded January 12 2016The ADR Institute of Canada debated thepromise and potential pitfalls of Med-Arb atits national conference in October Med-Arboffers parties the ability to obtain a definiteresolution of a particular dispute and theflexibility to pursue a mediated settlementbefore or during binding arbitration Butthere are practical and ethicalconsiderations that parties and neutralsmust consider in business disputes Ourpanel of experienced commercialpractitioners discussed some of theseissues and continued the great med-arbdebateModerator Michael Erdle CMed CArbSpeakers Stephen Morrison CMed CArbDavid McCutcheon CArb

FAMILY SECTIONThe New Family Rules

Date Recorded November 30 2015Justices Paulseth and Czutrin the SeniorFamily judges of the OCJ and SCJ andAaron Franks presented as panel membersa discussion on the new Family Rules An

open discussion and an opportunity forfeedback on the Rules followed thepresentationSpeakers Justice Paulseth Justice Czutrinand Aaron Franks

INSURANCE SECTIONldquoOntario Mandatory Mediation RatesrdquoldquoFee Simplerdquo or ldquoInadequate Feerdquo

Date Recorded September 24 2015This program was an update on the FeeAdequacy SurveySpeaker Bruce Ally PhD LLM (ADR)

ldquoInfluence to Confluence Meeting

of Mindsrdquo Date Recorded December 3 2015This section was described as focusing onexerting professional influence towardsresolutionSpeaker Richard Sadowski LLM atSadowski Resolutions Group LLP

PUBLIC CONFLICTS SECTIONPublic Conflict Learning Series Part 2 Date Recorded November 24 2015Proposals for a current public multi-partyconflict were presented by their

TAKE ADVANTAGE OF THIS EXCELLENT MEMBER BENEFIT

Missed a section meeting that interests you ADRIO Special Interest Section meetings are available via your Member Portal free of chargeplus C Meds and Q Meds earn 2 CEE points per hour for viewing these professional development programs There are over 50recordings available including these latest additions

ldquoproponentsrdquo and discussed in groupsession The group was set to choose apreferred topic to examine in more depth atSession 3 Presenter Bob Waldon QMed

PC Learning Series Session 32 - Process

Design Case 2 (Public Conflicts Section)Date Recorded January 14 2016Moderator Bob Waldon QMed

WORKPLACE SECTIONHow to Manage Conflict in a DiverseCross-Cultural Workplace

Date Recorded September 28 2015Cultural diversity is a fact of life inworkplaces today The differences creategreat new opportunities for how people worktogether but itrsquos not always clear what thebest management strategies are Luis Ore internationally recognized expertin cross-cultural workplace conflictmanagement presented on this topic Inaddition we had a special guest SusanneSkoruppa presently working at the WorldBank to talk about her experiences inGermany with organizations such as theUnited NationsSpeakers Luis Ore Susanne Skoruppa


26


Live stream Mediation Station at wwwchha1610amca

listen live on Sundays 8-9 pm EST or check out the

podcasts at wwwpcrtorontoorg

Gregg Fenten is a transformational relational consultant

facilitator and community building specialist

Mediation Radio Station with Gregg Fenten AccFM

New QMeds

David Anderson QMed (SK)

Anne Berthiaume QMed (ON)

Angus Bickerton QMed (ON)

Sara Cook QMed (Atlantic)

James Ellis Dalling QMed (Atlantic)

Maurice Ford QMed (ON)

May Jolliffe QMed (ON)

Catherine Kenwell QMed (ON)

Gordon Muise QMed (ON)

Terrence OBrien QMed (ON)

Lynne Poirier QMed (ON)

Michelle Rakowski QMed (ON)

Derek Sarluis QMed (ON)

Nicole Smith QMed (ON)

Wilhelmina Weisz QMed (ON)

Winnifred Nadine White QMed (ON)

New CMeds

Charmaine Panko CMed (SK)

Lacey Lewis CMed (ON)

Barbara Robert CMed (ON)

New QArbs

Nancy Aquilina QArb (ON)

Timothy D Brodie QArb (Atlantic)

Andrew (Andy) Butt QArb (Atlantic)

Louise Caissie QArb (Atlantic)

Dan Jennings QArb (Atlantic)

Bernadine MacAulay QArb (Atlantic)

James Musgrave QArb (Atlantic)

Donald Taliano QArb (ON)

Raelene R Thomas QArb (Atlantic)

Congratulations to the following Memberson receipt of their designations

The Chartered Mediator (CMed) and Chartered Arbitrator (CArb) are senior designations These aswell as the Qualified Mediator (QMed) and Qualified Arbitrator (QArb) are Canadas only generalistdesignations for practicing mediators and arbitrators They demonstrate the members specific credentialseducation and expertise Recognized and respected across Canada and internationally they allow theholder to convey their superior level of experience and skill Clients and referring professionals can feelconfident knowing that ADR practitioners holding an ADR Institute of Canada designation have had theireducation and performance reviewed assessed and verified by a team of senior and highly respectedpractitioners

For more information and application criteria visit httpadrcanadacaresourcesdesignationcfm

Do you have your designation yet

27



For More Information

Tel 416-487-4447 Toll Free 1-844-487-4447 Fax 416-487-4429adminadrontarioca wwwadrontarioca

We value your membership Take advantage of the many benefits ofmembership with the ADR Institute of Ontario

Benefits of Membership

MEMBERSHIP LEVEL FULL ASSOCIATE STUDENT

FREE Special Interest Section Meetings Webinars and access to Video Recordings featuring topics and speakers of interest

(More Information)

Special discounts on a wide range of Professional Development opportunities(More Information)

Roster calls RFPs and work opportunities

Access to the ADRIO Members logo for use on your business cards letterhead website and other marketing materials to boost your

credibility by showing that you are a member of an established credible organization

Use of a polished customizable PowerPoint presentation explaining what ADR is who you are and what you do as an ADR professional that

will allow you to make a great impression while saving you hours of time

2 Discount on 2-year Membership

Electronic delivery of our newsletter ADR Update

Public listing on ADR CONNECT so clients can find and contact you

Your own Member Portal register for events at a discount access special products documents and information

Important notices and Member News Bulletins

Automatic membership with ADR Institute of Canada

which offers further benefits such as

Extremely competitive insurance rates(this alone is worth the price of membership)

Complimentary listing on ADR CONNECTthe online database that allows Clients to find and contact you

Make the most of this by ensuring your profile is complete and current

Important up-to-date informationincluding electronic delivery of the Canadian Arbitration and Mediation JOURNAl

twice annually and ADR Perspectives six times annually


28


ATLANTICADR Atlantic Institute (ADRAI)Box 123Halifax CRO NS B3J 2M4Fax 902-435-3084adminadratlanticcawwwadratlanticca

MANITOBAADR Institute of Manitoba Inc(ADRIM)co 62 Sherbrook StreetWinnipeg MB R3M 2B3Tel 1-877-489-7452 (toll free)Fax 1-855-487-4429 (toll free)adminadrmanitobacawwwadrmanitobaca

SASKATCHEWANADR Institute of SaskatchewanInc (ADR SK)Box 22015 RPO WildwoodSaskatoon SK S7H 5P1Tel 1-866-596-7275 (toll free)Fax 1-855-487-4429 (toll free)infoadrsaskatchewancawwwadrsaskatchewanca

ONTARIOADR Institute of Ontario Inc (ADRIO)Suite 405 - 234 Eglinton Avenue EastToronto ON M4P 1K5Tel 416-487-4447Toll Free 1-844-487-4447 (Outside of GTA)Fax 416-487-4429adminadrontariocawwwadrontarioca

Presidents Message

Upcoming Events amp Courses

So what are we talking about today

The Fee is Past its Sell-by (or Stale-by) Date

Preventing and Resolving Business Partnership amp Shareholder Conflict

ADRIC 2016 Annual National Conference

How to Manage Conflict in a Diverse Cross-Cultural Workplace

Essential Conversations Projectreg A Prevention Movement in the Aging Space

Truth and Reconciliation Start a Conversation


2


PresidentPresidentPresidentPresidentPresidentKathryn M Munn LLB CertConResCMed CArbMunn Conflict Resolution Services

VVVVVPPPPP Pr Pr Pr Pr President Electesident Electesident Electesident Electesident ElectJennifer Bell CMedPlacet Dispute Resolution

SecrSecrSecrSecrSecretaretaretaretaretaryyyyyLorraine Joynt MCAJoynt Resolutions

TTTTTrrrrreasureasureasureasureasurerererererEnzo Carlucci CA CBVDuff amp Phelps

VVVVVPPPPP Repr Repr Repr Repr Representing Ontarioesenting Ontarioesenting Ontarioesenting Ontarioesenting Ontarioon the National Boardon the National Boardon the National Boardon the National Boardon the National BoardMichael Erdle CMed CArbPractical Resolutions Inc

Directors

Roger Alton CHRPRoger Alton CHRPRoger Alton CHRPRoger Alton CHRPRoger Alton CHRP CMed CMed CMed CMed CMedJust Resolutions

Barbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDBarbara Benoliel PhDPreferred Solutions Inc

Peter BrPeter BrPeter BrPeter BrPeter Bruerueruerueruer BA BA BA BA BAConflict Resolution Service St StephenrsquosCommunity House

Jason Dykstra AccFJason Dykstra AccFJason Dykstra AccFJason Dykstra AccFJason Dykstra AccFMMMMMAbsolution Mediation

Adam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMedAdam Fox BA MA JD CMed

Anne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMAnne Gottlieb LLB LLMMediation at Work Ltd

Lawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLawrence Herman CMed BCLLLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)LLBLLM (ADR)Herman Mediations

Cecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbCecil Jaipaul CMed QArbJaipaul Consulting

Pramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedPramila Javaheri CMedJavaheri amp Associates

Kathleen KellyKathleen KellyKathleen KellyKathleen KellyKathleen Kelly BComm LLB LLM BComm LLB LLM BComm LLB LLM BComm LLB LLM BComm LLB LLMCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbCMed CArb FCIArbKelly International Settlement Services Inc

Oliver MartinOliver MartinOliver MartinOliver MartinOliver MartinStitt Feld Handy

Cinnie Noble CMedCinnie Noble CMedCinnie Noble CMedCinnie Noble CMedCinnie Noble CMedNoble Solutions Inc

L J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLBL J (Les) OrsquoConnor BA LLB(Past President)WeirFoulds LLP

Margaret Rees CMedMargaret Rees CMedMargaret Rees CMedMargaret Rees CMedMargaret Rees CMedYorkStreet Dispute Resolution Group Inc

Board of Directors

Connect with ADRIOConnect with ADRIOConnect with ADRIOConnect with ADRIOConnect with ADRIO

tion we will be launching Tele-seminars (mini-conferences via thephone) so that many of youacross Ontario can participateThanks to the creativity of theProfessional Development Com-mittee the launching of Tele-seminars will help to address theage-old problem of increasingengagement from our membersin rural communities The firstprofessional development Pro-gram will take place in the Springfollowed by the Annual GeneralMeeting on June 2 2016 Commit-tee Members and Section Chairsare also working to bring excitingevents for 2016 Our website(wwwadrontarioca) lists activitiesthroughout the year - there is aSpecial Interest Section meetingavailable most weeks To learnmore about Special InterestSections visit httpadrontariocaresourceseventscfm

Another focus of the Institute isthose who are new to ADR Wewill be launching our Business in aBox series to assist new practition-ers with their business This serieswill feature basic tools financialknowledge marketing and awealth of information for yourpractice

Stay-tuned for the announcementof a new Roster and our call formore members to refresh currentrosters The staff of the ADR Insti-tute will be visiting more commu-nities and are open to yourinvitation to meet with you

CMed and QMed designation holders can earn Continuing Educationand Engagement (CEE) points by

bull volunteering on committees taskforces and boardsbull being a keynote speaker at a conferencebull authoring book reviews and articles

Did you know

Come and volunteer with ADRIO

The ADRIO Board of Directorsworked hard last year to approvestrategic directions streamlinecommittees and align volunteerfinancial and staff resources so ifwe seem tired and it is only thebeginning of the year you knowwhy 2016 will mark the implemen-tation of our Strategic Directions

Mark your calendar for the ADRICNational Conference on October12-14th 2016 to take place inToronto at the Ritz Carlton TheADRIC Conferences are filled withgreat learning opportunitiesnetworking and fun Not only willyou meet ADR professionals fromacross Ontario but you will alsomeet colleagues from acrossCanada and internationally TheConference provides a greatopportunity to learn and discusscutting-edge ideas in ADR Weexpect that you will be thrilledwith the conference

The ADR Institute has a line-up ofactivities planned with you inmind and if you miss them youcan access resources and over50 recorded section meetingsessions through your memberportal Many of our activitiesare recorded For those that arenot recorded well you just haveto be there

In the spirit of the new year a toastto all the promising opportunitiesfor us in 2016 It will be a greatyear to be a member of the ADRInstitute of Ontario

Section Meetings Committees Contact Us

3





EVENTS










COURSES





Other Courses






4































5















read more





Instructor











6































7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









3





EVENTS










COURSES





Other Courses






4































5















read more





Instructor











6































7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










4































5















read more





Instructor











6































7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









5















read more





Instructor











6































7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










6































7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









7









do the same)



ADR CONNECT













8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










8






















9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









9




10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










10




imbalances










rector of ADRIO

Daryl Landau MA MSc






ers of mediators










11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









11





















HappyRetirement


Ken Selby CMed CArb






12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










12












ADRICca



13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









13







ISBN 978-1-55496-321-8

525pp







Chapter 1




5 Conclusion

Chapter 2

NEGOTIATION



Chapter 3


AGREEMENTS






Chapter 4



Chapter 5

MEDIATION


Chapter 6














14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










14





archives08-2012



Chapter 7


OF MEDIATION


Chapter 8

OTHER ALTERNATIVES






Chapter 9


A CONCLUSION




















15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









15



CONSTRUCTION ROSTER


announce a new

Roster call for

arbitrators with

experience in

Construction

arbitration If you

are interested in


keep an eye out for

more details in our


Update your ADR

Connect profile

today























or Resume



16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










16




























17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









17



Write for us

















Up to 1000 words





18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










18








WORKING MEDIATORS





ONLINE COURSE



Register Now



19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









19










beyond













By Mary Korica






20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










20












1 part (1hr 10mins)


and Mediation Does

It Exist How Can

We Enforce It

1 part (1hr 11mins)

Sports Arbitration

How it Works and

Why it Works

1 part (46mins)




















from childhood

21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









21






Advertise

We accept


and Classified Ads

See our rate card

in the Newsletter








22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










22


CLASSIFIED ADS







By Mary Korica














matters









(FSCO)

23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









23













Seeking Supervisors










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










24















25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









25




















26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message










26








New QMeds

















New CMeds




New QArbs














27









(More Information)




















28






Presidents Message









27









(More Information)




















28






Presidents Message










28






Presidents Message









ADR Updateadr-ontario.ca/wp-content/uploads/2017/03/ADR... · testimonial about why you are a...

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Transcript of ADR Updateadr-ontario.ca/wp-content/uploads/2017/03/ADR... · testimonial about why you are a...