Over the past few years, I’ve delivered presentations to legal groups and member organizations focussed on “Journey Mapping”.[1] Journey Mapping is the visual representation of an individual’s journey through a process that happens over time. It is a collection of touchpoints from the beginning to the end looking at the individual’s experience, the stages in a process, the actors and emotions. It sounds like a simple concept, right? But, what is most complex is trying to explain the value of Journey Mapping in the law, because there is exceptional value, and you only have to see it to see . . . [more]

A longstanding sore spot in the world of dispute resolution is the gap between education and experience. For decades now, I have encountered mediation students eager to put their learning to work only to struggle to find the opportunity to do so. For those pursuing the ADR Institute of Canada’s Qualified Mediator (Q.Med) designation in Ontario, this real-life experience criterion is often the most elusive.

After all, who would select a mediator with no experience? I touched upon this question slightly in this column years ago when I questioned the value of mediators promoting their mediation counts. For aspiring . . . [more]

This column presents excerpts from a student paper, completed under the University of Toronto’s Community Research Partnership in Ethics program; the full paper will be published by the National Self-Represented Litigants Project later this year.

Over the past 20 years, Alberta’s family justice system has distinguished itself from other jurisdictions by implementing mandatory forms of assistance. In 2005, the Alberta government launched mandatory meetings for SRLs in provincial court, pursuant to the Intake and Caseflow Management Regulation.[1] Building on this, and recognizing the inherent difficulties associated with an SRL’s journey through the family law system, the new Family Justice . . . [more]

Your mid-sized firm invested $500,000 recruiting four to five new students last year. By year five, 91 percent are gone. Your per-person investment was roughly $100,000 to $125,000. Add salary, training, and mentorship. Then they leave.

The question worth asking is whether you hired the wrong people, or whether you didn’t integrate them.

The data suggests the latter. When the National Association for Law Placement Foundation surveyed departing Canadian associates, 29 percent cited work quality concerns. Sixteen percent pointed to productivity standards they felt they weren’t meeting. Thirteen percent said the advancement path was unclear. Thirteen percent mentioned fit. Another . . . [more]

Last November, I found a job posting for a part-time law librarian position. My hopes were low; I was still a Master of Information (MI) student, and I had no law library experience. Regardless, I applied. I could not believe my luck when I secured the position. To say I was elated would be an understatement. That feeling lasted about a day, then panic set in… What did I know about the law and law librarianship?

Desperate to weave an informatic safety blanket, I scoured the internet and library catalogues for information on early career law librarianship. I was desperate . . . [more]

Is this a rabbit, or is it a duck? It’s both. (You’ll see the two animals after a few seconds if you haven’t already). Known as Jastrow’s rabbit/duck, this image has been amusing people ever since it first appeared in a German newspaper in 1892).

How much time and money should be spent trying to prove that Jastrow’s drawing is really a duck, or really a rabbit, or more one than the other? No time and no money at all.

Our civil justice system tries to search for truth, in order to bring each lawsuit to a just resolution . . . [more]

There’s plenty of evidence to suggest that outsourcing your cognitive processes to AI — whether by letting it do your writing or thinking or analyzing for you — is a bad idea. Partly, of course, this is because the AI might do a poor job of it, leaving you on the hook for badly reasoned arguments or banally worded text.

In the bigger picture, though, the worry is that by delegating your thought processes to a machine, your own cognitive muscles will atrophy, and you’ll be less able to apply acute reasoning when you don’t have the AI to rely . . . [more]

Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document?

If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized.

This article has its origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more]

Professional services firms spend a lot of time developing strategy. There are leadership retreats, partner interviews, market assessments, client discussions and competitive reviews. There are conversations about growth, succession, technology, culture, new markets and the future of the firm.

Once the strategic plan emerges and the most significant priorities identified, the plan is presented to the partnership, everyone agrees, and then everyone goes back to work.

So why do so many firms that created a perfectly good strategic plan, struggle so much with execution? This is typically because the strategy exists at one level of the organization while the work . . . [more]

For Professor Seánna Howard, Director of the International Human Rights Advocacy Workshop, international legal research begins with a simple but important recognition: the most valuable sources are not always the most familiar ones. Her research has taken her to Tucson, where she joined the renowned Indigenous Peoples Law and Policy (IPLP) Program at the University of Arizona College of Law. Along the way, she has worked as an advocate, lawyer, researcher, independent expert, and educator on issues involving Indigenous Peoples, international human rights law, and social justice.

Her work also reflects the importance of developing research strategies for areas . . . [more]

Can a lawyer be disbarred for misconduct that is directly caused by mental illness? Until recently, my educated guess would have been no.

In May and June of 2026, a Hearing Panel of the Ontario Law Society Tribunal issued an important pair of decisions that carefully and deliberately resynthesize the role and impact of mental illness in lawyer regulation.[1] These decisions set out and apply a “unified approach” to alleged misconduct by lawyers where mental illness may be a factor.[2] At first glance, this new approach seems to reject case law, including case law by the Appeal Panel . . . [more]

Preoccupation with the ongoing armed conflict in Iran has diverted attention from the grim aftermath of Iran’s nation-wide protests that began on 28 December 2025, during which tens of thousands of protestors were killed, arrested, or disappeared.

Lawyers were prevented from reaching their detained clients. Lawyers themselves were among those detained simply for trying to do their jobs. Protestors are now being tried without legal representation before courts that lack any semblance of independence or impartiality. Frequent executions are now being carried out following hasty and grossly unfair proceedings.

Dissidents who flee Iran may be subjected to transnational repression in . . . [more]