Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout. Arbitration has resolved salary disputes between player and team. This summer, we encountered another one.

A trade that would return Kawhi Leonard to the Toronto Raptors has been delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more]

Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage.

Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more]

Rachel Birnbaum and Nicholas Bala’s recent discussion paper, Shaping the Future of Child-Inclusive Mediation in Canada, is an important contribution to the ongoing evolution of family mediation practice in Canada.

The paper provides a thoughtful overview of the research supporting child-inclusive mediation and reaffirms the principle that children should have opportunities to participate in decisions that affect their lives. As the authors note:

“The objective of child-inclusive mediation is not to have children making decisions but adding their input to the decision-making process. The research demonstrates that when children are consulted and included, they have better outcomes.”

Yet despite . . . [more]

I watch a lot of hockey – but mostly on television. This year I attended a playoff game of the PWHL’s Ottawa Charge at the Canadian Tire Centre in Ottawa. It was an exciting game, but for me there was one concerning moment, when I heard thousands of people chanting, “Refs, you suck!”, after a call on the ice against the home team. As a hockey fan, I too did not like some of their calls, or non-calls, but there is a critical difference between attacking a decision and attacking the person who made the decision.

Before the game started, . . . [more]

Artificial intelligence has become, in one way or another, a part of many dispute resolution practices. Counsel use AI to prepare mediation briefs, assess litigation risk, test settlement ranges, or draft suggested terms. Parties use it to understand the process or evaluate options. Some mediators may use it to organize information, draft correspondence, test language, or reflect on process choices.

The discussion about AI in mediation has also become more urgent and comprehensive. Much of it properly focuses on confidentiality, neutrality, party autonomy, disclosure, competence, and human judgment. For working mediators, however, the next step is practical: distinguishing between lower-risk . . . [more]

Back in the day, when I was starting my mediation practice, I received the worst advice ever. It came from someone who, I believe, meant well. The advice was that I should let the world know I was a mediator by modelling neutrality. In everything I did.

Why was this bad advice? Because that is impossible! No human being can be neutral about everything, nor should they pretend that they can be.

Also, how can someone expect to successfully market themselves absent any personality? The individual who gave me the advice may have meant well but failed to grasp what . . . [more]

Much of the work of the BC Family Justice Innovation Lab (FJIL) has focused on our Youth Voices initiative. Coming out of an intensive design process centering the lived experience of young people, the Youth Voices Initiative aims to improve the well-being of children and youth experiencing parental separation. An important lesson learned was that while the family justice system formally acknowledged the importance of the “best interests of the child”, and there were some programs that sought the view of kids about decisions which affected their lives, the kids’ experience was often that it was “too little, too late”. . . . [more]

Artificial Intelligence (AI) is a bold experiment being conducted on our institutions, with very few guardrails. When we do experiments with chemicals and biological materials to develop new drugs, pesticides, or even cleaning products, we set up controlled environments with protections for the humans involved in the testing. AI is mostly being developed without external controls, other than basic guidelines implemented by the developers themselves.

We are living through an experiment and finding out in real time the impact of AI on institutions and society. Sometimes AI is a benefit, sometimes it is benign, and sometimes it can have a . . . [more]

“Progressions can’t be made if we’re separate forever.” – Q-Tip (A Tribe Called Quest)

Whether your path to addressing a dispute is collaborative or adversarial, some degree of interaction with others engaged in the conflict is typically required. The frequency of such interactions can heighten their strain, particularly in circumstances where disputing parties co-exist in close proximity, such as if they share a workplace or are neighbours.

Establishing shared understanding can go a long way in mitigating anxiety and offer comfort through what is often an uncomfortable process – particularly if the dispute resolution path needed is an adversarial one. . . . [more]

Artificial intelligence is quickly becoming part of everyday professional practice in dispute resolution. As its use expands across the legal profession, questions are beginning to arise about how these tools should be used by mediators and arbitrators.

Until recently, the issue has received little attention within the ADR community itself.

At present, most mediation and arbitration codes of conduct say little or nothing about artificial intelligence.

While much of the discussion about AI in law focuses on lawyers using these tools, far less attention has been paid to their use by mediators and arbitrators. Yet as AI becomes more common . . . [more]

Almost ten years ago the BC Family Unbundled Legal Services Roster (the “Roster”) and Unbundling Toolkit were launched [Note 1]. We are delighted to announce that, in partnership with Access Pro Bono BC, the Roster is now being administered by the new Legal Referral Service (“LRS”).

This transition marks an important milestone in the continued growth and sustainability of unbundled legal services in British Columbia.

Unbundled legal services (often called limited scope services) help to improve access to legal advice, coaching and representation for the public. [Note 2] This approach also offers many important benefits for legal professionals, the . . . [more]

Sticks and Stones

As a society, we tend to categorize folks. Introverts or extroverts. Calm or anxious. Easy to get along with or difficult. I struggle with these categorizations because I feel that they oversimplify matters. It has been my experience that most people shift how they behave based on who they are with, the environment they are in and the situation. As a result, I often question the benefit of these labels.

My greatest concern in this respect surrounds the impact of negative labels, in terms of what they project and the assumptions that are made around them. Groundbreaking . . . [more]