Sections Update | August 2020

Section Meetings Addressing Dispute Resolution

August 2020

Sections Update | August 2020
Section Meetings Addressing Dispute Resolution

Several Sections hosted meetings this year that explored the many facets of dispute resolution. While often discussed in the context of Family Law, alternative dispute resolution is used in all areas of law, including Indigenous law, estate disputes, commercial disputes, and labour law.

Family Law

The Alternative Dispute Resolution (“ADR”)—Nanaimo Section hosted Joan Coatie to discuss parenting coordination as an alternative form of dispute resolution. Family Law—Fraser Valley further delved into the topic of parenting coordination by discussing the practical aspects of Section 211 reports, also known as Custody and Access reports, and views of the child reports. Further, Family Law—Westminster hosted Dr. Michael Elterman, who shared his vast experience in preparing Section 211 reports, and provided valuable information needed to best approach difficult issues arising from families struggling with parenting disputes.

Criminal Justice—Victoria held a discussion on the Victoria Early Resolution and Case Management Model, designed to quickly resolve family disputes in Provincial Court, with The Honourable Judge Carmen Rogers, Michael Lawless, and Attorney General David Eby. The meeting discussed how the model has worked since its implementation, and tips and tricks from the Bench and registry in using the process successfully.

While COVID-19 restrictions are in place, Family Law—Victoria hosted a variety of family law practitioners to discuss engaging in ADR processes while social distancing, the logistics of holding meetings virtually, and useful tips and strategies for serving clients in the midst of the pandemic.

Indigenous Law, Labour Law, and Wills & Estates

ADR—Vancouver hosted Karen Snowshoe, who shared her unique insights into how lawyers, adjudicators, and mediators, can help set the stage for effective, trauma-informed, and culturally relevant dispute resolution in the Indigenous context, with a focus on relationship-building and ethics.

Arbitrators and mediators Lisa Southern and Mark Brown, alongside Jacquie de Aguayo, the Chair of Labour Relations Board and Employment Standards Tribunal, were hosted by the Labour Law Section to discuss best practices for effective advocacy in labour arbitration and case management in the COVID-19 era.

Wills & Trusts—Vancouver hosted The Honourable Sandra K. Balance and The Honourable D. Jane Dardi to discuss mediating estate and trust disputes.

Other Dispute Resolution Meetings

ADR—Nanaimo led two discussions centering on the psychology of effective mediation and arbitration. In particular, the Section hosted Robert McQueen to present on the subject of understanding the interests of self in conjunction with others to better communicate with clients. The Section also hosted Brad Crewson, to discuss the meaning of empathy and how it can be applied to ADR.