Annual Report 2014/2015

  • July 27, 2015

Submitted by Section Chair, Philip J. Dougan

Summary of Meetings

Number of Meetings Held: 7

September 16, 2014
Guest Speaker: Colleen J. Cattell Q.C.
Meeting Title/Topic: How Not to Lose that Settlement on the Way to the Forum…The Critical Role of Counsel in Mediation
Synopsis: Ms Catell placed mediation in the spectrum of conflict resolution 'tools' that lawyers have at their disposal. She described the best use of ADR and mediation as opposed to litigation, and when it works best and when not. Ms. Catell gave practical advice on preparing for, and participating in, mediations as counsel to bring the most efficient use of the time to all parties.

October 15, 2014
Guest Speaker: Kari D. Boyle, Executive Director of Mediate BC Society
Meeting Title/Topic: What's New in the World of ADR in BC?
Synopsis: Ms. Boyle reviewed many new initiatives and online resources being developed in the world of ADR in BC.. She described multiple resources and programs offered or being developed by Mediate BC, or in conjunction with other stake holders in the world of ADR as it pertains to lawyers and mediators in BC.

November 18, 2014
Guest Speakers: N/A
Meeting Title/Topic: Meet your Mediator: A Speed Networking Event for Lawyers and Mediators
Synopsis: Lawyers and mediators gathered in the "Salt tasting Room" in hte Cellar Room for light refreshments and an opportunity to meet others working in the ADR world and through a structured, but very fun, interactive model to hear about experiences and skills others have that may be of assistance to lawyers seeking alternative dispute resolution consultants.

January 20, 2015
Guest Speakers: Mac Campbell, Manager of Tribunal Transformation Technology, Justice Services Branch, Ministry of Justice and Monique Steensma, Manager of the Court Mediation Program, Mediate BC
Meeting Title/Topic: The Increasing Role of Technology in Dispute Resolution: Two Innovative Initiatives in BC
Synopsis: Our speakers reported on the ground breaking work being completed her in BC whereby and on-line dispute resolution model is being contracted for the first time. The first public application of the technology will be the Civil Resolution Tribunal, slated to being operations in 2015. Once proved in the real world, the technology promises multiple applications across many jurisdictions and conflict resolution formats.

February 17, 2015
Guest Speakers: The Honourable Judge Rob Hamilton of Surrey Provincial Court and Kathryn Ferris, Senior Duty Counsel, Legal Services Society
Meeting Title/Topic: The Family Law Act Two Years Later: Cultural Shift from Court to Out of Court?
Synopsis: Our panel reported on the Family Law Act, as seen practically at work in the courts and law offices of BC. Our speakers were candid about successes and failures of the Act, as it was perceived to have changed the world of family law; however they presented a hopeful picture that the legislation will continue to improve family matters and create a body of jurisprudence that removes some of the unnecessarily combative elements of family law from the process.

April 21, 2015
Guest Speaker: Joan Braun
Meeting Title/Topic: Elder Care Coordination
Synopsis: Ms. Braun spoke about an emerging are of law in which issues around the elderly are dealt with by way of coordinators. Much as family law has child custody and access coordinators, so too, it is becoming clear that direction and oversight is necessary with aging parents, loss of capacity and potential for elder abuse, or outright fraud. The concept is in its early stages but appears to offer a great deal to families dealing with aging and infirm adults.

May 19, 2015
Guest Speaker: John Logan, Partner, Jenkins Marzban Logan, Vancouver
Meeting Title/Topic: Get Your Shovels in the Ground - Arbitration and Mediation in the Construction Industry
Synopsis: Mr. Logan spoke with great humour and in a passionate and animated way about his experiences with ADR in the world of construction law. Mr. Logan has been used a great deal in this area of law as a mediator and sees a very bright future for ADR in construction disputes. In fact, he predicts that the number of resolutions of construction disputes through the use of ADR and mediation in particular will continue to grow and will bring resolution to problems far more often than the courts. For cost and time issues ADR is far more practical for construction disputes.


Comments and Observations of the Chair

It has been a fascinating year, as in years past, we continue to see the broadening and application of ADR principles into more and more areas of law. Elder law, new iterations of family law, construction and now, on-line ADR promise new areas for ADR solutions to be used. I cannot but think this is only a good thing, as lawyers, mediators, clients, governments and the general public see the practical use of ADR processes that help people in conflict get out of that conflict and into an agreement that allows them to move on with their lives, both, more quickly, and with less emotional, and financial damage in the process. There is a very bright future for ADR in the years ahead!