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Archive for the ‘Dispute Resolution’ Columns

Youth Voice Initiative – Systemic Human Centred Design at Work

The BC Family Justice Innovation Lab is focusing on improving the well-being of BC families and children experiencing separation and divorce. One of its ‘home-grown’ initiatives is called “Youth Voices” as it focuses on the experience and well-being of children whose parents experienced separation or divorce. One of the Lab’s foundational principles is that change must start with those who are the beneficiaries (or users) of the system we are trying to change. We reached out for experiences and lessons from other sectors (including business, healthcare and education) and decided on human-centred design (HCD).

The Lab developed and is testing . . . [more]

Posted in: Dispute Resolution

Towards Cyberjustice Retrospective Part 1: Who Controls Court Data?

In our October 17th column, we announced that we would start posting a series of blogs highlighting different papers, studies, and pilot projects conducted under the auspices of the “Towards Cyberjustice” project. As a reminder, this project, which was financed by a Major Collaborative Research Grant from the Social Science and Humanities Research Council, spanned over the last seven years and has made significant contributions in the domain of what many call eJustice (what we refer to as cyberjustice). As stated on the Cyberjustice Laboratory’s Website, the purpose of the project was (although we’re . . . [more]

Posted in: Dispute Resolution

Third Party Arbitration Funding

Third party litigation funding is growing in Canada and starting to appear in commercial arbitration as well. This raises some interesting questions about an arbitration tribunal’s authority to allow (or refuse to allow) third party funding and, if it is permitted, the degree to which the tribunal should control the funder’s involvement in the arbitration.

To date, in Canada, most court decisions regarding third party funding have involved class actions. This is partly because the cost of large class actions has grown beyond the capacity of plaintiffs’ counsel to self-fund them and partly because the courts have an inherent jurisdiction . . . [more]

Posted in: Dispute Resolution

Seeing (And Feeling) the Family Justice System Through the Eyes of the Therapy Dog

On behalf of the BC Family Justice Innovation Lab, I’m lucky enough to be part of a team that is working with families and family-serving agencies and services in Kamloops BC to improve the family justice system. We call the initiative “Pathfinder” and it is a collective of people, organizations and government supported by Access to Justice BC. We are using a human-centred service design approach that tries to see the system from the perspective of the families who are transitioning through separation and divorce. I hope to share more about this fascinating initiative in a future post. . . . [more]

Posted in: Dispute Resolution

Ontario’s First Online Tribunal

In our last column, we announced that, over the coming months, we would share the results of the research conducted by members of the Towards Cyberjustice project. Although this is still planned for future entries, we chose to postpone these posts to take the time to underline an important moment in the field of online dispute resolution (ODR): the launch of Ontario’s first online tribunal, the Condominium Authority Tribunal (or CAT).

According to the 2016 Census, “[t]rends in building permits [in Ontario] indicate that the construction pace of apartments, and especially condominium units, has accelerated since the early . . . [more]

Posted in: Dispute Resolution

Med-Arb: Efficiency vs. Justice?

I had the pleasure recently of co-chairing a one-day seminar on mediation-arbitration (med-arb), sponsored by the ADR Institute of Ontario, the Family Dispute Resolution Institute of Ontario and Osgoode Professional Development.

The program explored the question Med-Arb: Efficiency or Justice Compromised?

We were fortunate to have two thought-provoking keynote speakers and many very experienced panelists.

Warren Winkler, former Chief Justice of Ontario, recalled a number of efforts over the years to incorporate both mediation and med-arb into the justice system and talked about the resistance some lawyers and judges have shown to the idea of combined med-arb.

Stephen . . . [more]

Posted in: Dispute Resolution

More Choice for Clients Is Better, Right? Yes, But…

In his 2005 Ted Talk “The Paradox of Choice” Barry Schwartz presented an insightful condemnation of the “official dogma” of the modern, western, industrialized world. The “official dogma” states that real freedom comes from maximizing choice. Seems reasonable, even obvious. However, he emphasizes that too much choice has two negative effects on people:

  1. Too much choice produces paralysis rather than liberation. With many options to choose from people find it difficult to choose at all; and
  2. Too much choice makes us less satisfied with the result of our choice even if it was a good decision. This is because of
. . . [more]
Posted in: Dispute Resolution

Technology Remains an Afterthought for Many Within the Legal System

Back in late September, the Court of the Future Network, in partnership with the Institut des hautes études sur la justice and the Cyberjustice Laboratory, organised its annual Court tour which – this year – took place in California, home of Silicon Valley and many technological innovators. For this very reason, the tour took a technological turn and focussed on some of the key technological issues confronting courts, such as:

  • The paperless courtroom: digital documents and evidence display
  • Cyber security
  • Immersive video-conferencing
  • Integrated courtroom management
  • Social media for courts
  • Remote interpreting
  • Online Dispute Resolution and Artificial Intelligence

The purpose of . . . [more]

Posted in: Dispute Resolution

The Psychology of Negotiation

I’ve been thinking a lot lately about the psychology of negotiation.

In the negotiation course I teach at University of Toronto School of Continuing Studies a few times a year, I have consistently seen that the students are quite good at understanding their own negotiation styles, strengths and weaknesses. They understand the difference between their positions and interests. They recognize the importance of empathy in building a negotiating relationship and value the active listing and other negotiating skills we practice.

Where these students – and most negotiators, I think – have trouble is understanding the motivations and interests of their . . . [more]

Posted in: Dispute Resolution

Final Report of Mediate BC’s BC Family Justice Unbundled Legal Services Project Now Available

As many of you know, unbundled legal services help to fill the gap for people who do not qualify for legal aid and cannot afford full representation. Law Societies in many jurisdictions have formally approved unbundling (also called limited scope legal services) but few lawyers were offering these services to the public. The purpose of the BC Family Justice Unbundled Legal Services Project (the “Project”) was to find ways to encourage more lawyers to offer these services.

After an 18 month process, I’m pleased to advise that the Project’s final report and the report of the independent evaluation of the . . . [more]

Posted in: Dispute Resolution

ODR for NAFTA

Back in June of this year, the Cyberjustice Laboratory played host to the NAFTA Advisory Committee on Private Commercial Disputes, commonly referred to as the NAFTA 2022 committee since its creation stems from article 2022 of the agreement:

  1. Each Party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area.
  2. To this end, each Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral
. . . [more]
Posted in: Dispute Resolution

Recent International Surveys Shed Light on Why We Litigate, Even Though We Say We Prefer Mediation or Arbitration

Many business leaders and in-house counsel say that they strongly prefer alternatives to litigation. So why is litigation still the default process for most commercial disputes?

My previous Slaw column looked at the question of whether lawyers are “hijacking” mediation and arbitration. I speculated that one of the problems may simply be that lawyers are risk-averse. This leads them to follow the well-trodden path of litigation, rather than exploring less well-known alternatives.

Some recent research may shed light on the apparent disconnect between the dispute resolution parties say they want and what they actually do.

Pre-empting and Resolving Technology, Media . . . [more]

Posted in: Dispute Resolution