Articles 2019

Aujourdʼhui
Aujourdʼhui
The Ideal Lawyer – 21st Century Redux

The Ideal Lawyer – 21st Century Redux

  • 28 mai 2018
  • Craig A. Brannagan

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.

Mécanismes extrajudiciaires de règlement des conflits, Justice pénale, Droit fiscal et 1 en plus
What Would Churchill Do?

What Would Churchill Do?

  • 18 mai 2018
  • Edward Olkovich

Creative abstraction can enable problem-solvers to move beyond stated positions and assumptions by using more than just the power of logic and persuasion as the primary means of conflict resolution in order to uncover the underlying interests, fears and concerns of the parties.

Mécanismes extrajudiciaires de règlement des conflits, Droit de l’insolvabilité, Student Forum
A Necessity for Domestic Violence Screening

A Necessity for Domestic Violence Screening

  • 19 janvier 2018
  • Sina Hariri

The legal profession may have a significant “blind spot” when it comes to family violence.Family law lawyers must remain vigilant in ensuring that they are up to date on some of the research and training available related to family violence so that they can ask their clients the right questions to canvas for some of these risk factors, and gauge the safety of their clients, as well as their decision-making power.

Mécanismes extrajudiciaires de règlement des conflits
Helping Parties Prepare Persuasive Mediation Briefs: Who Do You Think You’re Talking To?

Helping Parties Prepare Persuasive Mediation Briefs: Who Do You Think You’re Talking To?

  • 19 janvier 2018
  • Megan Keenberg

The mediation brief is a crucial instrument that can make or break mediation efforts. Many counsel make the mistake of treating their mediation briefs as a summary judgment factum, focusing on the legal merits of the case and presenting adversarial arguments. As mediators, we can mitigate against the undermining effects of such a mediation brief by expressly setting out what will be compelling and assistive in the mediation process (and what won’t be) in the pre-mediation conference.

Mécanismes extrajudiciaires de règlement des conflits

Navigating Tribes with Cultural Competency

  • 26 janvier 2017
  • Sina Hariri

What is cultural competency? Living in a country such as Canada, which boasts a large and culturally diverse population, how do we ensure that our practices (as lawyers or mediators) be inclusive for clients, while embodying the values of cultural competency? This article offers some thoughts and answers to these questions.

Mécanismes extrajudiciaires de règlement des conflits

Getting Past Impasse With Mediator Settlement Recommendations

  • 24 janvier 2017
  • Mitchell Rose

Reaching the end of a mediation session and learning that you and the other side are far apart in your settlement position can be disappointing. In the following weeks, after the dust settles, the mediator may follow up with you to see if positions have softened, or if there is a new way of resolving the dispute. However, despite everyone’s best efforts, there may still be an impasse. This article offers some tips on how to get past that impasse.

Mécanismes extrajudiciaires de règlement des conflits

Avoiding Pitfalls in Drafting Arbitration Agreements

  • 25 octobre 2016
  • John Kelly

S. 1 of the Arbitration Act 1991 provides that an arbitration agreement is “an agreement by which two or more parties agree to submit arbitration a dispute which has or may arise between them”. The failure to properly describe the obligations of the parties in an agreement can completely frustrate the purpose of the agreement.

Mécanismes extrajudiciaires de règlement des conflits

Co-Mediation: Conductors in Tandem

  • 03 octobre 2016
  • Sina Hariri

Mediation is an interesting alternative to court that provides an arena for a unique interplay between the parties, and the dimensions of their dispute. The mediator exerts an influence that can significantly impact the outcome of the mediation process. Where two mediators are present (as is the case in the co-mediation model), there is a significant opportunity for even greater success…or self-sabotage!

Mécanismes extrajudiciaires de règlement des conflits