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1 | ADR UPDATE FALL 2019
ADR UPDATE ISSUE 103 | FALL 2019
Featuring
• President’s Message
• Executive Director’s Message
• Message from ADRIO’S SISCC Chair
• Thought-provoking articles on:
✓ Med-Arb
✓ Diversity, Inclusion and Technology
✓ Construction Adjudication
This issue includes a new section with
important content by ADR Students,
Professors and New ADR Practitioners!
Contributions from ADR Students, Professors and New ADR Practitioners
✓ Indigenous Legal Traditions
✓ Tips for ADR Students
✓ Building Student Competency
in ADR Skills
And much more!
ADRIO 35th AGM and Conference
“Enriching your ADR Toolkit: Build,
Elevate and Challenge what you
know about Conflict Management”
Read more on page 30
2 | ADR UPDATE FALL 2019
Contents
It’s Here: Ontario’s New Construction Dispute Interim
Adjudication...……………………………………………………............3
President’s Message by Marvin Huberman
ADR Students and New ADR Practitioners…….……....……...5
Executive Director’s Message by Judy Shum
ADRIO’s Special Interest Sections Coordinating
Committee (SISCC)………………............................................8
Message from SISCC Chair by Natai Shelsen
Med-Arbitration - Part 1: The Perfect Couple, Strange
Bedfellows or Something In-Between?.............................9
By Colm Brannigan and Marc Bhalla
Connecting the Dots: Diversity, Inclusion and Technology
in Family Dispute Resolution..………..…………………….........13
By Rebecca Bromwich
Developing a Business Case to Become a Construction
Adjudicator………………………………………….……………....……..16
By Robert Bales
6 Ways to Build Student Confidence and Competency in
ADR Skills from an ADR Professor………………………………..20
By Dale Burt
Indigenous Legal Traditions and our Practice……………....22
By Jenna Sheikh
5 Valuable Tips for ADR Students…………………….…………..25
By Julia Zukernick
Opinion: Ryerson’s Innovative Law Education May Not Go
Far Enough…………………………………………………………..………28
By Barbara Benoliel
Newsletter Committee
Chair: Barbara Benoliel, PhD Ben Drory, JD, MBA, C.Med, C.Arb
Kim Parish, LLM, C.Med Robyn Jacobson, B.Comm, LLB, LLM, PhD, C.Med
Board of Directors
President, Marvin Huberman, LLB, LLM
Vice President, Joan Cass, MSW, RSW, Q.Med
Secretary, Genevieve Chornenki, C.Med, C.Arb
Past President, Adam Fox, BA, MA
Treasurer, Irving Feldman, CPA, CA, Q.Med
Bruce Ally, PhD, LLM (ADR), WFA, OCPM
Christopher Baines, C.Med
Barbara Benoliel, PhD
Peter Bruer, BA
Ben Drory, JD, MBA, C.Med, C.Arb
Gary Furlong, BA, C.Med, LLM
Lawrence Herman, C.Med, BCL, LLB, LLM
May Jolliffe, RECE, MA, Q.Med
Adam Landriault, LLB
Marcel Mongeon, LLM, MBA, M.Sc
Joy Noonan, LLB, LLM (ADR), C.Med
Laura Pursiainen, BA, Cert.Med, Q.Med, WFA
Treena Reilkoff, BSW, Q.Med, WFA, CMHA
Marshall Schnapp, BA, JD, LLM
Kevin Stapley, Q.Med, B.Sc, WFA
Jennifer Webster, Mediator, Arbitrator, Facilitator
ADRIO Staff
Judy Shum
Executive Director
Mena Sestito
Membership & Accreditation Coordinator
Morgan Horst Accountant & CRM Manager
Tommy Lam
Professional Development & Events Coordinator
ADR Update Editing Coordinator & Designer
Contributions from ADR Students, Professors and
New ADR Practitioners
3 | ADR UPDATE FALL 2019
IT’S HERE: ONTARIO’S NEW
CONSTRUCTION DISPUTE
INTERIM ADJUDICATION
PRESIDENT’S MESSAGE MARVIN HUBERMAN, LLB, LLM Ontario has modernized its Construction Act by
introducing important new provisions including a prompt
payment and adjudication regime which was proclaimed
and will come into force on October 1, 2019.
It applies generally to all public and private sector
construction contracts entered on or after October 1,
2019.
The new prompt payment regime involves the referral of
a non or partial payment of an unpaid and invoiced
amount to adjudication, a cost-effective, flexible and
swift interim binding dispute resolution process designed
to alleviate protracted disputes among parties to a
construction contract or subcontract, including:
✓ valuation of services or materials
✓ payment under the contract/change orders
✓ disputes of notices of non-payment
✓ set-offs
✓ holdback payments
✓ non-payment of holdbacks
✓ issues that the parties may agree to be part of an
adjudication
Adjudications are enforced in a manner similar to an
arbitration award under the Arbitration Act, 1991.
The new prompt payment and adjudication regime
presents both opportunities and challenges.
A host of issues involving professional conduct,
competence, confidentiality, conflict of interest, code of
ethical conduct standards/violations, due process, natural
justice, procedural fairness and judicial treatment of
adjudicator determinations/decisions will need to be
addressed, including:
✓ Does a party have the right to the determination
of a dispute by adjudication?
✓ Does the nature of the dispute fall within the
criteria set out in section 13.5 of the Act or
any other criteria agree to by the parties,
including any criteria set out in the contract
or subcontract at issue?
✓ Does the adjudicator have the requisite
expertise to decide the dispute?
✓ What are the circumstances in which a court
would enforce and/or set aside a decision of
an adjudicator?
To assist our members, ADRIO has established a
Construction Adjudication Special Interest Section,
co-chaired by Rob Bales and me, which will
endeavour to address these and other issues,
maximize opportunities and meet challenges
presented by the new prompt payment and
adjudication regime, offering learning and networking
opportunities and terrific resources pertinent to the
exciting world of construction adjudication.
I encourage all of you to join, actively participate in
and contribute to the Construction Adjudication
Section so that the new construction adjudication
regime is appropriately used by fully informed and
consenting parties and duly qualified and trusted
adjudicators.
In this way, the chances of success in construction
adjudication will be maximized and the risks/concerns
will be minimized.
--
Marvin J. Huberman, LLM (ADR), C.Arb, FCIArb, is a
Toronto-based barrister, mediator and arbitrator. He
is also the President of ADRIO and co-chair of its
Construction Adjudication Special Interest Section. He
has been certified by the Ontario Dispute Adjudication
for Construction Contracts (ODACC) as an Adjudicator.
4 | ADR UPDATE FALL 2019
Membership Benefits
MEMBERSHIP TYPE
FULL
:
$3
18
+HST
ASS
OC
IATE
: $1
26+H
ST
STU
DEN
T:
$6
4+H
ST
Education and Information
Special Interest Section Meetings and webinars
Electronic delivery of ADR Update three times a
year and ADRIO Member Bulletin throughout
the year.
Discounts to all Professional Development
programs.
Your own Member Portal
Opportunity to serve on ADRIO committees.
Voting rights at the ADRIO AGM and during
elections.
Automatic membership with ADR Institute of
Canada.
Business Development
Outreach to government and other
organizations to promote ADR.
Roster calls, RFPs and work opportunities.
Access to the ADRIO Member logo for your own
use.
Use of a polished, customizable PowerPoint
presentation explaining what ADR is.
Public listing on ADR CONNECT so clients can
find and contact you.
$$ Exclusive Discounts
Discounted home & auto insurance through The
Co-Operators.
Discounted health & dental insurance through
Loran Health Plus.
Up to 50% off ADRIO branded stationary
through Vista Print.
Discounted laptops and other products from
Lenovo.
Car rental discounts through National and
Enterprise.
Extremely competitive errors & omissions
insurance rates through Marsh Canada.
20% discount for any order on the Bloomex
website.
JOIN ADRIO CHAMPION A CAREER IN CONFLICT MANAGEMENT
Learn, Network and
Succeed
Take your ADR Career to the next
level and join ADRIO today. We assist
our members, and users of ADR
services, by providing information
and education, maintaining high
professional standards and
implementing a structure to ensure
members adhere to those standards.
Learn more about becoming an
ADRIO Member by calling Mena,
Coordinator, Membership &
Accreditation: 416-487-4447 x 101.
Join today to take advantage of the
many benefits we offer:
ADR-Ontario.ca/join
5 | ADR UPDATE FALL 2019
ADR STUDENTS AND NEW
ADR PRACTITIONERS
How ready is ADRIO to play a leadership role in
supporting ADR students and new ADR practitioners?
In response to the above question, which was presented
at a recent strategic planning workshop, ADRIO Board
Directors, Sections Chairs and Staff indicated, for the
most part, that ADRIO is either “somewhat ready” or
“ready” to be a leader. As a result, supporting ADR
students and new ADR practitioners has been identified
as one of the strategic priorities for ADRIO to continue to
work on.
In order to provide effective support, we need to keep in
mind that ADR students and new ADR practitioners are a
diverse group of people of different ages and
backgrounds, particularly in terms of education, training
and career experiences. For many, ADR is a second or
third career. For others, ADR is an attractive training
option to take during a gap year between university
programs. And, for some, ADR fulfills a special calling to
progress from a career that has sparked a desire to
become more specialized in dispute resolution. Also, ADR
students and new ADR practitioners live in communities
across the province.
This Summer, ADRIO launched our first ever ADR Student
Awareness Week during August 19 to 23, with activities
that included a Twitter takeover by ADR students and a
Speed Mentoring event. To wrap up the special week, we
asked a few ADRIO members who are seasoned
practitioners to reflect on their ADR career paths and
share advice with ADR students; we challenged them to
do this in the form of a letter to their younger selves.
Here’s a quote from each of those letters that truly
resonates with me:
✓ “My advice to you is to be authentic.
Impartiality in practice is essential but this
does not mean that you are not entitled to
have opinions.” (Marc Bhalla)
✓ “Having made the commitment to truly
become a ‘Mediator,’ my task was to create a
‘somethingness’ into which to step.” (Joan
Cass)
✓ “Stay humble, there is no peak!” (Helen
Lightstone)
✓ “Mediation work is a reflective practice. You
work alone and you can be your own harshest
critic.” (Jennifer Webster)
As a lifelong learner, I believe there is mutual learning
that goes both ways between those who some of us
fondly call “newbies” and experienced practitioners.
ADRIO provides the ideal environment for learning,
mentoring and exchange of ideas and experience.
In this newsletter, you’ll find a new section that
features ADR students and new ADR practitioners.
Happy reading!
ANOTHER WAY TO FIND ADR
PRACTITIONERS IN ONTARIO
Ontario Dispute Resolution Professionals
Directory
www.adr-ontario.ca/directory
EXECUTIVE DIRECTOR’S
MESSAGE JUDY SHUM, BA, MPA
6 | ADR UPDATE FALL 2019
8 | ADR UPDATE FALL 2019
ADRIO’S SPECIAL INTEREST
SECTION COORDINATING
COMMITTEE (SISCC)
MESSAGE FROM SISCC CHAIR NATAI SHELSEN, LLB, BCL, BA(Hons) Exciting things are happening with
ADRIO’s Special Interest Sections
program!
Greetings from the new Chair of the Special Interest
Sections Coordinating Committee! (That’s a mouthful!)
When I was considering becoming a member of ADRIO,
one of the benefits that appealed to me most was the
Special Interest Sections (SIS) program. As a new
mediator, so many of the sections interested me and I
relished the opportunity to learn from and alongside my
new colleagues. I’m thrilled to be at the helm of such an
important and dynamic program.
Section meetings provide a unique opportunity for
professional development, networking and community.
Whether you practice in the area of business-
commercial, elder, family, insurance, med-arb, real
estate, restorative justice, workplace or coaching, there’s
a section for you. Plus, I’m excited to say that there are
two new sections. No matter your area of expertise or
skill level, there’s something for everyone.
I’m excited to breathe new life into this dynamic
program, and to help it reach its full potential. But I
can’t do it alone! The chairs of the various sections are
gathering on November 5 to plan SIS programming for
2020 and to discuss how we can optimize the program
to meet the needs of ADRIO’s members. Stay tuned for
exciting developments!
ADRIO’s membership is its greatest resource and we
have so much to gain by learning from and with one
another. So here’s what YOU can do: attend SIS
meetings! And if you have an idea for a meeting, don’t
be shy! Email me or the section chair with your idea.
Get ready to get the most out of your
membership!
--
Natai Shelsen is a bilingual mediator and litigator at
Goldblatt Partners LLP in Toronto. She helps resolve
business, employment, Aboriginal and human rights
disputes in Ontario and Quebec.
UPCOMING EVENTS
November 26 – Full Day Workshop
Fixing Harm: Restorative Process Facilitating and Mediating
November 27 – Workplace Section Meeting
Conflict Resolution Outcomes: Success, Failure and Self-Worth
November 28 – Mediator Mastermind
To be or not to be Facilitative or Evaluative?
December 5 – ADRIO Holiday Dinner
President’s Circle Member Recognition and Awards Ceremony
December 12 – Mediator Mastermind
Post-Mediation- Do We Keep the Discussion Going?
January 9 – Construction Adjudication Section Meeting
The Skills Required to Effectively Adjudicate a Construction Dispute
January 14 – Conflict Management Coaching Section Meeting
The Good Fight: Create a Culture of Productive Conflict
January 30 – Med-Arb Section Meeting
Insights and Feedback from Those Who've Tried Med-Arb
March 5 – Full Day Workshop
Negotiating the Harvard Way
- 2019 - - 2020 -
Advance Registration is Required for all Events:
www.adr-ontario.ca/event-calndar
9 | ADR UPDATE FALL 2019
MED-ARB, PART 1
THE PERFECT COUPLE,
STRANGE BEDFELLOWS OR
SOMETHING IN BETWEEN? COLM BRANNIGAN, C.Med, C.Arb
MARC BHALLA, BA(Hons), C.Med, Q.Arb, MCIArb
This article is part of a 2-part series. Part 2 will be
published in ADR Update, Winter 2020; it will focus on
the arbitration element of med-arbitration.
At a recent program on arbitration, The Honourable
Thomas Cromwell asked: “Are we taking full advantage
of the flexibility of the arbitration process?”1
To fully answer this question, med-arb must be
considered.
Colm Brannigan suggests that we call it “med-
arbitration” as a unique innovative stand-alone process
and not just a cobbled-together mash of mediation and
arbitration.
Many ADR practitioners view themselves as mediators
or arbitrators in any given process. This binary thinking
may soon change. Mediation and arbitration may no
longer be considered opposing and contradictory
processes. The ADR Institute of Canada will release its
med-arbitration rules in November 2019 at its National
Conference, in British Columbia, along with a new,
related designation.
Med-arbitration offers some unique opportunities and
challenges that do not apply to stand-alone mediation
or arbitration. It is essential that practitioners consider
both to ensure that they are serving their clients to the
best of their ability.
We cannot be so short-sighted that we consider the
only benefit of med-arbitration as the convenience that
it offers in terms of the time and cost. Preserving the
opportunity for parties to agree to an outcome while
having them more directly face the reality of the
imposition of closure on terms beyond their control
encourages more to be made of the mediation
opportunity. The “threat of arbitration” that exists in
med-arbitration can encourage mediation to be taken
more seriously, resulting in parties being better
prepared to participate and enhancing the likelihood of
mediation being successful.2
Yet, the question of what happens to mediation and
arbitration in med-arbitration warrants careful
consideration.
Process Design
Frank Sander introduced the concept of the “multi-door
courthouse” over 40 years ago when he presented his
paper on “The Varieties of Dispute Processing” at the
Pound Conference in April 1976. However, the
“promise of mediation” is often neglected in the
familiarity of a routine process. We default to what we
are accustomed to, but is this meeting the goals of our
clients?
Looking first at mediation, it is necessary to ask some
questions about med-arbitration to deliver on Professor
Sander’s proposition to have “the forum fit the fuss.”
1 The Honourable Thomas Cromwell, “The Flexibility of Arbitration and the
Possibilities of User-Designed Approaches” (Keynote Address, Effective
Arbitration: Strategies for Success, Toronto, 17 April 2019) [unpublished].
2 Debate as to the definition of successful mediation is an interesting subject
that merits debate but is not the subject of this article series.
This article continues on the next page.
10 | ADR UPDATE FALL 2019
Is There a Role for Evaluative Mediation?
Many appreciate receiving an evaluation of their case
from their mediator. Having a third party provide an
assessment of positional strengths and weaknesses can
help with BATNA analysis and understanding realistic
possible outcomes. However, if the process facilitator is
providing both mediation and arbitration services to
address the conflict, is there a risk that evaluative
mediation might blur their role?
The practitioner should consider perceptions that could
be formed if they offer an evaluation during mediation.
This might encourage parties to settle and prevent any
need for the arbitration aspect of the hybrid process
but there are no guarantees.
Marc Bhalla’s concern about evaluative mediation in
med-arbitration is that it risks putting the mediator-
arbitrator in a no-win situation. If the ultimate decision
is similar to the evaluation offered in mediation, the
practitioner may leave themselves open to a claim of
prejudgment that risks nullifying their award. If the
decision is viewed as a variant from what is offered in
mediation, parties may question the authenticity of the
evaluation provided in mediation; this risks hurting the
practitioner’s reputation.
Is Death of Caucus a Real Concern?
Some believe you cannot caucus in med-arbitration.
Applying the sound arbitration practice of keeping all
communications with parties transparent, there is
worry that bias perceptions might be formed. One on
the losing end of the arbitration award—reflecting on
how they could have possibly lost their case—could be
inclined to point to the unknown, private
communication between the winning party and
mediator-arbitrator during mediation.
Caucus can be very helpful in mediation, particularly for
parties assessing their settlement options. Doing away
with it may risk diminishing the mediation opportunity.
Colm Brannigan is not convinced that caucus does not
have a role in a med-arbitration process, so long as
careful consideration has been given to how it would
work and such is clear to the parties.
Will Parties Use Mediation to Try to Gain Favour with
the Arbitrator?
One of the most common concerns expressed about
med-arbitration is how parties participating in
mediation will behave if they know that their mediator
could impose a decision upon them. Rather than
focusing on others involved in the conflict, mediation
could be used to try to win over the mediator and make
a good impression for the adversarial stage to follow.
Despite clarifications of capacity, there is always risk of
mediation being manipulated for other purposes. This
may test the skill of the practitioner.
How does med-arbitration affect mediation?
Ultimately, we believe that it extends the mediation
opportunity. Challenges certainly need to be considered
to maintain facilitator and process integrity and to offer
parties the best available path to conflict closure.
While med-arbitration may not be suitable for every
situation, forms of it have been used for decades in
labour and family disputes. It can allow for preservation
of relationships and enhance the potential for
sustainability through commitment to outcomes
reached in mediation.
Med-arbitration offers a collaborative, non-adversarial
environment without the uncertainty of how the
conflict will be addressed if mediation does not result in
complete settlement. It preserves the opportunity for
those involved in conflict to have control over the
outcome of their dispute in situations where the risk of
mediation failing to resolve a dispute is not an option or
is undesirable.
--
Colm Brannigan and Marc Bhalla serve as the co-chairs
of the ADR Institute of Ontario’s new med-arb section.
Colm Brannigan is a Chartered Mediator and Chartered
Arbitrator and is a full-time ADR practitioner focused on
mediation, med-arbitration and arbitration in
condominium, commercial, construction and real-estate
disputes. Colm was a member of the ADRIC Med-Arb
Working Group.
Marc Bhalla is a Chartered Mediator and Qualified
Arbitrator who offers ADR services both in-person and
online. He believes that flexibility of process is a
significant advantage of ADR over traditional processes.
11 | ADR UPDATE FALL 2019
12 | ADR UPDATE FALL 2019
13 | ADR UPDATE FALL 2019
CONNECTING THE DOTS
DIVERSITY, INCLUSION AND
TECHNOLOGY IN FAMILY
DISPUTE RESOLUTION REBECCA JAREMKO BROMWICH, PhD, LLB, LLM It is not new that conflict between co-parents, related to
divorces or separations, cause prolonged grief in families
and can detrimentally affect children’s best interests.
Family conflicts have massive social, legal, and public
costs. Separated parents and their children urgently need
relevant legal information and accurate tools to navigate
the challenges of divorce and co-parenting. What is new
is the capacity of technology – through applications and
online platforms – to support human solutions for
addressing these challenges. The situation calls for
further study of how these applications intersect with
family forms and diversity.
In 2012/2013, there were approximately 318,000 active
family law cases before the courts in Canada. These cases
– addressing divorce, separation, child custody, access
and support, and other family issues – comprised 34% of
all civil matters across Canada. There has also been an
increase in the number of self-represented litigants; a
2012 estimate suggested that over half of family cases
have at least one party without a lawyer of record, and
that this proportion will continue to grow. A significant
factor in this increase is the prohibitive cost of hiring
representation, but there is also a growing proportion of
litigants who take a “DIY” attitude towards
representation. One response to this increase has been a
growing number of resources – especially online – that
purport to elucidate the divorce and separation process.
A corresponding trend in Canadian family jurisprudence is
a growing number of orders for some form of shared or
joint custody – even in circumstances where parents have
had difficulty communicating effectively. Accordingly, a
growing cohort of separated families need to coordinate
schedules, communicate regarding important
decisions, and share information. Perhaps predictably,
co-parenting technology (in the form of mobile
applications) has entered the marketplace, offering
services to help co-parents navigate their separation or
divorce, as well as manage their ongoing shared
custody arrangements. Today’s separating and
divorcing parents belong to a generation that has
almost universally adopted smartphones and offers a
broad potential market for mobile applications aimed
at simplifying their co-parenting experience: 85% of
Canadians aged 35-49 own a smartphone and the
average ages of men and women at divorce are 44 and
41.1, respectively.
There is a plethora of online and mobile applications
that aim to simplify the co-parenting relationship,
however some of these are far less comprehensive
than others. For example, the web-based Custody
Junction1 is a platform with scheduling and reporting
functions. A user can record scheduled events, non-
scheduled events, payments, expenses, record notes,
and track what was scheduled versus what occurred.
Similarly, Calendar and “Tracker” are features that are
found in ParentingTime’s OPTIMAL2 which allows users
to track parenting time, expenses, and other data.
Cozi Family Organizer3 provides the same type of
scheduling, communication, shared calendar features
as co-parenting applications, but also has a shopping
list, recipe bank, family journal and daily agenda
1Custody Junction, (2019) online: https://www.custodyjunction.com/
2OPTIMAL Online Parenting Time Information Manager and Activity Log,
(2019) online: http://parentingtime.net
3Cozi Family Organizer, (2019) online: https://www.cozi.com
This article continues on the next page.
14 | ADR UPDATE FALL 2019
complete with live updates and history. Similar features
are included in Squarehub4 and Google Suite5, along with
the ability to upload and share documents. However,
these options lack the breadth of functionality offered by
dedicated co-parenting apps; they are not designed with
the added elements of record-keeping, emotional
messaging controls and third-party integration for
lawyers and other professionals.
However, while most app use by co-parents is voluntary,
there has been a dramatic rise in mandated use of these
applications in court orders in recent custody and access
decisions in Canada. Through my research funded by the
Law Foundation of Ontario (paper forthcoming), I found
that our understandings of these apps, and the judiciary’s
current approach in adopting these technologies, is
problematically superficial. I believe more research
needs to be done to determine where these apps
intersect with human diversity, and to what extent they
increase inclusion in terms of access to justice or where
they pose problems. For example, we need to look closely
at how the coding of these apps helps ameliorate
unconscious gender biases in communication. Conversely,
we need to look more closely at how the apps provide
potential to accommodate diversity. They may enhance
access to clear communication on timeframes that can
accommodate people with caregiving obligations or may
have visual or auditory disabilities that prevent them
from communicating in face-to-face conversation. Apps
may help address mental health and cognitive differences
because they can accommodate different processing
speeds, and even allow for language translation.
There are underlying issues of privacy and data security
that come with the immense amount of information that
is being shared and stored on these applications.
Although OurFamilyWizard6 offers a commitment not to
sell user data to third party providers, and Coparently7
assures users that their data is secured, using “bank grade
security” in the form of “leading 256bit SSL encryption
technology,” there is no consistent disclosure of where
data is stored, whether it is accessible by third parties,
and how data security is protected. Further, since these
apps are privately designed, and the threshold
requirements to publish an application in the iOS App
Store or via Android’s Play Store are relatively low, there
is very little gatekeeping required to get these programs
to market, as long as they meet the necessary
technological specifications. The App Store’s guidelines
pertain to intellectual property and obscenity, rather
than vetting content for accuracy or utility in practice.
It is not a review by experts in the field of family law.
Suffice it to say that this is a concern about these
applications which does not appear to arise in the
academic or judicial discussions about their use.
In sum, the proliferation of tech in the family dispute
resolution sector may have privacy and “black box”
pitfalls, but there may also be a range of largely
unanticipated diversity and inclusion advantages that
support dispute resolution.
4Squarehub, (2019) online: http://squarehub.com
5Google Suite, (2019) online: https://gsuite.google.com
6Our Family Wizard, (2019) online: www.ourfamilywizard.ca
7Coparently, (2019) online: http://coparently.com/
--
Rebecca Jaremko Bromwich is an adjunct professor
with the Department of Law and Legal Studies at
Carleton University. Her full-time role is as Manager,
Diversity and Inclusion for the law firm Gowling WLG
for their offices in Canada and Russia.
“ Ethan Jerry Mings
CTF, CPF, CQA
President’s Circle Member
ADRIO Member since 1999
My ADR membership provides a connection to other mediators
and ADR professionals located in Ontario. It makes it possible
for me to explore the topics of conflict for both large and small
groups and learn about current ADR issues and practices. The
education opportunities (e.g., Annual Conference, Training
Sessions, On-line Evening Sessions) provide a wealth of
learning opportunities that inform my work with clients. The
benefits I gain from being an ADR member exceed my annual
costs of membership and allows me to find answers to
emerging questions.
Ethan Jerry Mings
CTF, CPF, CQA
ADRIO Member since 1999
I Get More Insights and Connections with Membership www.adr-ontario.ca/join
15 | ADR UPDATE FALL 2019
CONGRATULATIONS ELAINE NEWMAN! Elaine Newman, BA, LLB, LLM, is this year’s recipient of the
Ontario Bar Association’s Award of Excellence for Alternative
Dispute Resolution. Elaine was an active member on the
Planning Committee for our premiere Mediation-Arbitration
Conference in 2017, jointly held with Osgoode Professional
Development and The Family Dispute Resolution Institute of
Ontario. In addition to being a frequent speaker at many ADRIO
programs, she is the author of our online ethics course,
“Practical Ethics for Working Mediators.”
The Award for Excellence in Alternative Dispute Resolution
recognizes exceptional contributions and/or achievements in
Alternative Dispute Resolution (ADR) in two or more of the
following areas:
✓ Excellence in the practice of ADR;
✓ Participation in continuing legal education at the OBA,
Canadian Bar Association, Law Society of Upper
Canada or other organizations on ADR issues;
✓ Writing and teaching on ADR issues;
✓ Mentoring of other persons in ADR;
✓ Participation in law reform initiatives that touch upon
ADR;
✓ Promotion of the use of, and generally providing
leadership in ADR.
Read more about Elaine Newman here:
www.newmanarb.com
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ADRIO Executive Director, Staff and ADR
Students from York University, Durham and
Humber College attended the OBA Awards
Dinner to Celebrate Elaine Newman for
receiving this well-deserved award.
16 | ADR UPDATE FALL 2019
CONNECTING THE DOTS DEVELOPING A BUSINESS
CASE TO BECOME A
CONSTRUCTION
ADJUDICATOR ROBERT BALES, P.Eng, LLB
CONSTRUCTION ADJUDICATION
Construction adjudication, the newest form of ADR in
Ontario, became effective on October 1, 2019. The
Ontario Dispute Adjudication for Construction Contracts
(ODACC) is the new Authorized Nominating Authority
(ANA) for Ontario.1
For those considering a future as a construction
adjudicator, start with reading Part I.1 Prompt Payment
and Part II.1 Construction Dispute Interim Adjudication, in
the Construction Act, R.S.O. 1990, Chap. C.30, and O.Reg.
306/18, Adjudications under Part II.1 of the Act,
accessible through the links on the ODACC site.
Before committing to reading statutes and regulations,
what is the business case for becoming a construction
adjudicator, and how will that role compare to the
vocation you have right now?
As with any other business analysis, you need to know:
What are the necessary qualifications? What experience
is required? What training is required: when and where
can you do the training? What is its duration and what
does it cost? Is there a continuing education requirement
and, if so, what is it and what is the cost? What insurance
coverage must you have and who provides it? What is the
application process? And…After fulfilling all the
requirements, are you guaranteed to become a
construction adjudicator?
Most of the answers are readily available on the ODACC
website, but the critical answers are that you must have
at least ten years construction experience and fulfill all
the requirements before your application will be
considered. ODACC will then compile all the completed
applications, determine how many adjudicators are
needed and make final decisions about who is given an
adjudication certificate.
The preceding, however, are the easy questions. Far
more difficult are the following:
✓ What is the estimate of the number of files to
be adjudicated in a year?
✓ What is the anticipated breakdown of those
files into sectors?
✓ How many files should an adjudicator expect to
get in a year?
✓ What is the adjudicator selection protocol?
✓ What is the anticipated range of billable hours
for the adjudication?
✓ What is the anticipated range of adjudicator
fees?
✓ Are there administration fees, costs and
charges and, if so, how much?
Although some information is available from other
countries with construction adjudication systems,
notably the United Kingdom, New Zealand and
Australia, their legislation and construction
environments are different, making their data much
more difficult to analyse. The absence of accurate
construction adjudication data inhibits the
development of data analytics and metrics to improve
the adjudication process and reduce claims, and lead
toward better contract management. On a positive
note, after 23 years of United Kingdom experience
1ODACC.ca
This article continues on the next page.
17 | ADR UPDATE FALL 2019
with construction adjudication, most disputes are
finally resolved as a result of the construction
adjudication process.
Ontario has a construction adjudication system in its
standard-form contract for highways. Termed a
Referee Process and administered by ADR Institute of
Ontario (ADRIO) for the Ontario Ministry of
Transportation (MTO) and the Ontario Road Builders
Association (ORBA), it has been operating for three
years. Harvey Kirsh, in ADR Perspectives2, provides a
short but excellent description of this process.
The following is anecdotal information on the MTO-
ORBA system, with the caution that the disputes being
determined range from claims from tens of thousands
to millions of dollars, with some contract values going
up to very high amounts; it is a form of contract that is
extremely complex, and involves very sophisticated
parties within a somewhat limited field. For claim
amounts greater than $750,000, a three-person panel
decides the claim, making the process more complex as
the panel must communicate among themselves to
reach a decision. There is also a mandatory Referee
Meeting as part of the process where lawyers may
attend but not participate.
The approximate hourly fee range for MTO-ORBA is
$350 to $700, and billable hours range from about 30
to 75 hours or more - this is within the range of UK
adjudications. The Referee process has an extended
timeline compared to the new Ontario requirements:
once the Referee(s) has been selected, the Claimant
and the Respondent take two months to exchange
their documents. The Referee Meeting occurs just two
weeks later, for which the Referee(s) must be well
prepared as the Referee Decision must then be
delivered about three weeks after the Meeting.
A rough breakdown of the time for each part of the
Referee process:
✓ Negotiations and discussions before the
Referee Agreement is executed: approximately
5 to 10 hours (not billable);
✓ Delivery of the Contract documents and first
review of the Claimant submission and
documents: approximately 10 to 20 hours;
✓ Delivery of and first review of the
Respondent submission and documents:
approximately 10 to 20 hours;
✓ Preparation for the Referee Meeting:
approximately 10 to 15 hours;
✓ Review of the submissions, documents and
Referee Meeting notes, discussions among
the panel members where applicable,
drafting of the Decision, review and issuance:
approximately 10 to 30 hours.
Failure by the Referee(s) to issue the Decision within
the prescribed time terminates the process, sending
the parties back to the beginning, and may result in
forfeiture of the Referee(s) fees.
Should you become a qualified adjudicator under
ODACC, does your schedule in your existing business
allow you immediately to focus on an adjudication
file and negotiate your fee and your appointment
within four days?
As soon as the documents have been received, can
you commit as many as 60 hours or more to this one
adjudication file over the next 25 days?
If you are typically booked for weeks or months in
advance, be careful walking away from an existing
and successful business. Otherwise, the construction
adjudication field shows great opportunity to those
who qualify as adjudicators.
2Kirsh, Harvey: “References and Construction Claims”, ADR Perspectives,
10 September 2019 http://adric.ca/adr-perspectives/references-and-
construction-claims
--
Robert Bales, P.Eng, LLB, has practised as an
adjudicator, arbitrator, lawyer, engineer and project
manager with wide experience in construction
arbitration. His technical experience ranges from
roads and bridges, building envelope failures, home
construction and renovation through geotechnical
problems, and his arbitrations have addressed a
range of procedural matters, complex issues and
expert testimony. He is also the Co-Chair of ADRIO’s
Construction Adjudication Special Interest Section.
18 | ADR UPDATE FALL 2019
20 | ADR UPDATE FALL 2019
CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS
6 WAYS TO BUILD STUDENT
CONFIDENCE AND COMPETENCY
IN ADR SKILLS FROM AN ADR
PROFESSOR BY DALE BURT, Q.Med, MA
I remember it like it was yesterday, even though it was
the 1980s. Hair was big and I was struggling in grade 12
calculus. My teacher, Mr S, walked up beside me; he
looked at me and said: “You can do this.” I decided to
believe him. My math confidence and competency grew
little by little after that. Many years later, I would become
the statistics teaching assistant to psychology graduate
students. His four little words of authentic
encouragement changed me. As an ADR Professor, I
aspire to have this kind of positive impact on my
students. It is such an honour to teach, mentor and
encourage the practitioners of tomorrow as they build
the skills they need to succeed. Here I offer six
suggestions for how we educators can help learners
increase their confidence and competency in ADR skills.
1. Treat the ADR classroom as an extension of the
workplace. ADR practitioners are expected to
consistently display high standards of
professionalism—through integrity,
preparedness, neutrality or in demonstrating
emotional intelligence in its various forms. I
consider the ADR classroom an extension of the
workplace, where learners can practice
professionalism, build their professional persona
and strive for the same high professional
standards expected in the industry. The
importance of professionalism, inside and outside
the classroom, is frequently reinforced. The
reality is that everything we say and do
communicates a message to others (intended or
not) about us. Our words, tone, punctuality, attire
and body language matter. Conducting oneself
like an ADR professional in the learning
environment is a great step toward developing a
strong professional personality and presence in
the industry.
2. Share your ADR wisdom and wit. Everyone
likes fun and teaching and learning in the ADR
classroom can be so much fun. As an educator,
I am always trying out different teaching
methods and active learning techniques to
keep class engaging. I strive to be dynamic and
deliver content in a way that is the opposite of
boring … no Bueller Bueller moments. Students
seem to particularly enjoy narratives. Good old
storytelling is a powerful and enjoyable way to
learn; it can draw students into enthusiastic
participation. I share stories of my experiences
and lessons learned from my many years on
the planet and from my 19 years practicing
workplace mediation and conflict coaching.
Students share stories too. Stories help make
sense of content and bring it to life.
3. Connect classroom learning to the real world.
We can deliver learning that is highly relevant
for students by connecting it to the real world.
Students may wonder: What is relevant in the
lesson to me? How can I use this outside the
classroom? It is significant when students make
that connection between the textbook
theoretical stuff and the real world—in their
families, communities, workplaces and beyond.
I try to make learning relevant in a number of
ways. In negotiation class, for example, we turn
This article continues on the next page.
21 | ADR UPDATE FALL 2019
“role plays” based on fictitious scenarios into
“real play” practice opportunities using
student-generated negotiation scenarios
inspired by real life. In workplace conflict class,
students engage with some of the real (and
redacted) cases from my professional portfolio.
In conflict analysis and restorative practice
classes, students identify, assess and analyze
real conflicts plucked from the news headlines
that are happening in the world around them.
4. Build in opportunity for skills practice. Some
students are a little apprehensive initially about
being graded on their ADR skills. Having lots of
supportive opportunities to practice what they
are learning, with low or no marks attached,
can alleviate some uneasiness. In my own
teaching practice, I endeavour to make the
classroom a respectful learning environment
where students can try… maybe not get it quite
right… self-reflect and get feedback… try
again… and improve. Low stakes formative
assessment through practice can help students
build capacity bit by bit. It is rewarding when,
after lots of practice, a student realises: “Hey, I
can really do this!”
5. Provide experiential learning if possible.
Students can strengthen many of their ADR
skills through experiential learning. Durham
College’s experiential learning course provides
students the opportunity to run a conflict
resolution business on campus. Students do
hands-on ADR service work with real people—it
is not a simulation nor a role play. Under
supervision, ADR students apply their
knowledge and skill to help resolve and prevent
conflict within the campus community. This is
often transformative for students, significantly
increasing their proficiency and
professionalism, and giving them an authentic
sense of accomplishment that comes from
doing meaningful ADR work. They develop a
more fulsome understanding of what leads to
conflict and the nature of conflict. They also
learn to listen deeply, build trust and rapport,
clarify issues, generate options for resolution,
understand issues from multiple
perspectives and facilitate the resolution of
conflict between parties, using various
techniques and approaches.
6. Challenge learners to step outside their comfort
zones. Deep learning is hard work. It’s not always
comfortable and it’s sometimes irritating. It’s
human nature to prefer it be easy. Like an oyster
creating a pearl from the irritation of a piece of
sand, stepping outside our learning comfort zone
can also produce precious outcomes. When
growth mindset kicks in, it’s pure magic. To this
end, some of our ADR students will be joining me
in a brand-new learning experience next
semester—in a prison classroom. Together we
will break down walls and build bridges, learn
more deeply about our human tendencies
toward bias, assumption-making and othering,
understand the power of perceptions and
recognize how all of these lessons are relevant
for our work as ADR practitioners.
--
Dale Burt is an ADR Professor and Program Coordinator
at Durham College, a Workplace Mediator (Q.Med),
and a Walls to Bridges prison Instructor. She has an MA
in Community Psychology.
Maritza Sanchez
Q.Med, WFA
ADRIO Member since 2017
I Get More Support with Membership www.adr-ontario.ca/join
“ To me, ADRIO membership means access to professional
development, resources and information regarding trends and
impactful issues. In my trajectory to becoming a Qualified
Mediator, I have found the support and resources that I felt I
needed to keep me motivated and engaged. I find that the
newsletter and ongoing emails is an effective mechanism to
feel informed and included. Being a member of ADRIO, I have
the benefit of experiencing the feeling of community—a
growing community that strives to positively impact humanity.
22 | ADR UPDATE FALL 2019
CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS
INDIGENOUS LEGAL TRADITIONS
AND OUR PRACTICE BY JENNA SHEIKH, BA (Hons)
The rise of restorative justice has demonstrated the push
for change in the realm of Canadian dispute resolution.
Current restorative justice techniques reflect important
legal traditions Canada has adopted from Indigenous
communities. If we look to the Indigenous Reconciliation
and Advancement Working group of ADRIO, we see their
commitment to exploring, recognizing and celebrating
integrated, acknowledged and unacknowledged
Indigenous Dispute Resolution approaches. These
traditions shed light on the history of restorative justice in
Canada and teach us how to incorporate them into our
own practice. This article will focus on the importance of
understanding where Alternative Dispute Resolution
(ADR) techniques originated and the importance of
applying them when acting as third-party
mediators/arbitrators or representing clients in
mediations/negotiations.
As a law student at the Bora Laskin Faculty of Law at the
University of Toronto, where there is a significant focus
on Indigenous legal traditions, I have used my ADR
experience to compliment what I am learning about
restorative justice. The Truth and Reconciliation
Commission’s 28th Call to Action reads:
We call upon law schools in Canada to require
all law students to take a course in Aboriginal
people and the law, which includes the
history and legacy of residential schools, the
United Nations Declaration on the Rights of
Indigenous Peoples, Treaties and Aboriginal
rights, Indigenous law, and Aboriginal–Crown
relations. This will require skills-based
training in intercultural competency, conflict
resolution, human rights, and anti-racism.1
The Bora Laskin Faculty of Law has a unique mandate
that focuses on teaching Indigenous legal traditions,
while other law schools in Canada focus on broader
ADR courses. The Bora Laskin Faculty of Law teaches
students the significance of Indigenous legal traditions
in our practice. There is a focus on active listening,
sharing circles, community involvement in sentencing
circles and the importance of oral storytelling.
In traditional law school courses, it is deeply imbedded
that a marker of representing a client successfully is
winning their case. This is a stark contrast to the
restorative justice techniques taught in Indigenous legal
tradition and ADR courses. I have noticed in mock
sharing circles that law students find it challenging to
put their ADR hat on and put aside the idea that legal
professionals must always be argumentative to “win.”
Students should be taught that collaborating to reach a
resolution that suits all parties is the true goal. Legal
professionals must embrace the changing legal system
that uses alternative forms of dispute resolution,
improving outcomes for parties and saving them
precious time and money.
This is important for young lawyers to be aware of due
to the lack of comprehension of ADR techniques and
where they originated. Lawyers working with
Indigenous clients have the benefit of being exposed to
1Truth and Reconciliation Commission of Canada (2012), Truth and
Reconciliation Commission of Canada: Calls to Action, at para 28
The article continues on the next page.
23 | ADR UPDATE FALL 2019
recent developments in the justice system like the
Indigenous Peoples’ Court. Programs such as these
reflect the Truth and Reconciliation Commission’s 27th
Call to Action:
We call upon the Federation of Law
Societies of Canada to ensure that lawyers
receive appropriate cultural competency
training, which includes the history and
legacy of residential schools, the United
Nations Declaration on the Rights of
Indigenous Peoples, Treaties and Aboriginal
rights, Indigenous law, and Aboriginal–
Crown relations. This will require skills-
based training in intercultural competency,
conflict resolution, human rights, and anti-
racism.2
These programs give legal professionals much needed
exposure to restorative justice and help them
understand how to resolve disputes outside of the
traditional court setting they are accustomed to. ADR is
not only beneficial to Indigenous peoples moving
through the justice system, but is beneficial to people
of all cultural backgrounds to resolve disputes. ADR
allows for quick and efficient resolutions while parties
contribute to the outcome, rather than bringing the
matter before a judge who will make a binding decision
for the parties.
It is important for our clients to remain aware of the
fact that they can play a key role in the resolution of
their conflict. Not many people know that they can
agree and draft a resolution themselves (with the
assistance of a neutral third-party facilitator) in a
mediation rather than have a judge make a binding
decision for them that will most likely benefit only one
of the parties involved.
When we focus on the benefits of ADR techniques and
how it can improve resolutions for our clients, we are
contributing to the move towards restorative justice
and increasing the rate of resolutions for our clients. It
must be recalled that our clients are experiencing high
stress due to the conflict they are attempting to
resolve. We should place our focus on guiding them
through a process that provides improved
communication. This will allow their interests to be
shared effectively with the other parties. When all
parties are aware of the interests at stake, they become
more understanding when collaborating on a
resolution.
In areas like sentencing circles and Indigenous Peoples’
Court, the core elements of ADR such as active
listening, talking pieces and empathy are paramount to
resolving the issues. As mediators, arbitrators or
lawyers we can all learn from the deeply traditional
Indigenous approach to conflict resolution. Many of us
incorporate these values into our practice without
being aware of where they originated. With the
Canadian legal system moving towards restorative
justice and placing significance on ADR, we must teach
young legal professionals the history of Indigenous legal
traditions and how to incorporate them when
representing clients in mediations/negotiations.
2Truth and Reconciliation Commission of Canada (2012), Truth and
Reconciliation Commission of Canada: Calls to Action, at para 27
--
Jenna Sheikh completed her post-graduate studies in
ADR at Humber College and interned at ADRIO in 2017.
She is currently in her second year of law school.
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24 | ADR UPDATE FALL 2019
Treena Reilkoff
BSW, Q.Med, WFA, CMHA
ADRIO Director
Chair of PD Committee
I Get More Credibility with Membership www.adr-ontario.ca/join
REMEMBER TO RENEW!
As we are approaching the holiday season and the
start of a new year, we want to remind and
encourage you to renew your membership and
ADRIO designations!
Our members are professional, proactive and
inspired leaders in the conflict management field.
ADRIO membership is the best way to effectively
stay engaged in the Ontario Dispute Resolution
Industry and be updated with important matters
that are at the forefront of the ADR conversation.
Please call 416-487-4447 and speak with Mena or
Morgan should you have any questions regarding
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engagement? Visit ADR-Ontario.ca to join a
committee.
Read more about your ADRIO
Membership Benefits HERE.
“ ADRIO builds networks and provides opportunity for
mentoring and learning from other ADR practitioners,
affording members the potential to develop relationships and
discover special interest groups within the field. If you are an
ADR professional who recently moved from another province
or live a distance from the GTA, membership with ADRIO is an
opportunity to reconnect with like-minded individuals to build
your network and learn via video conferencing. Alternative
Dispute Resolution is a growing field for the new and the
experienced. The depth and specialties within ADR are
expanding and being a member of ADRIO provides the forum
to be a part of the cutting edge of ADR within the province of
Ontario.
NEW MEMBER BENEFIT!
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ADRIO Members can now view updated job listings and
apply for jobs using our new job board, HERE.
For more information, please email [email protected]
Members need to follow the instructions in the job posting and apply for jobs as instructed.
If you are interested in advertising a posting on the ADRIO job board, please contact the email address
noted above.
25 | ADR UPDATE FALL 2019
CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS
5 VALUABLE TIPS FOR ADR
STUDENTS BY JULIA ZUCKERNICK, BA (Hons)
One of the most common questions students ask
themselves near graduation is: “what’s next?” As an ADR
student it is easy to get overwhelmed by the amount of
ideas, opportunities and decisions that come our way. We
may be new to the field and yet to establish our practice,
however, we most certainly have a lot to offer the ADR
community. The following tips are recommended first
steps for those entering the field.
1. It’s Fine If You Change Your Mind
The reality is, finding your niche does not happen
overnight. Therefore, it is important to take the time to
explore all the possibilities. No matter the path you
choose, ADR offers various kinds of careers and there is a
field just right for you. Throughout my journey I have
learned, and I am still learning, that it is alright to change
your mind. As students we easily begin to feel the
pressure, and I would like to strongly reiterate that
nobody expects you to figure it out right away.
You will have the urge to try new things and your mind
may change completely in the end, so you may feel
surprised or excited. Maybe you have an interest in
arbitration and are now considering collaborative law, or
you are not sure which area of restorative justice you
want to explore. If you are leaning towards mediation,
maybe volunteer in each arena to help determine which
one appeals to you the most. The bottom line is simple;
you will not know until you try.
2. Network, Network, Network!
I often asked myself and my peers throughout my
academic journey these types of questions: Where do I
start? Who do I reach out to? Will anybody take me
seriously? I have come to realize that you reach a point,
as emerging professionals, when the band-aid must be
ripped off! For myself, the networking process was a
lot easier said than done. Networking can seem
nerve-wracking at first, and for some of us it is also
associated with fear, anxiety and even doubt.
However, the truth of the matter is that every
student is somewhat nervous in the beginning, and
that is okay. Just like ripping off a band-aid, it can
sting a little bit although it is very worthwhile. My
advice to ADR students is to seize each opportunity
that comes your way. Send out the email, make a
phone call or just stop thinking about it and do it! The
more networking and connections you create, the
more you strengthen your support system. It is a win-
win!
3. Professional Development Budget
It is frequently said that millennials like me have the
reputation of being financially strapped and are
addicted to technology and avocado toast. I think that
is a little far-fetched, although I do indulge in the
occasional piece of avocado toast because…who
doesn’t, right? Now, I am not going to go as far as to
say that the economy has “killed” millennials;
however, I believe that with our student loans along
with the state of the current real estate market, our
generation is facing a crisis in one way or another.
However, as a conflict resolution practitioner, I
believe that there is a feasible solution to this
This article continues on the next page.
26 | ADR UPDATE FALL 2019
problem. Explore part-time work, see how you can
give back in your community and, more importantly,
save your dollars wherever you can. Along the way,
you may realize that it is possible to make ends meet
while also saving. Try to ensure that you set aside
some funds to use towards your professional
development including further education and
training. Whether you decide to attend a workshop,
lecture, or a weekend training certification program,
it will be without a doubt a fantastic investment in
your future.
4. The “Entrepreneurial Mindset”
Something significant that I realized early in my
journey as an ADR student, is the importance of
adapting an “entrepreneurial mindset.” Mainly that is,
to understand you are valuable and can either
establish yourself on your own or with others. No,
that does not mean that you need to create your very
own business following graduation, it just means it is
something to consider. If opening your own practice
sounds appealing to you or is something you have
thought about, now is the time to consider it an
option. You can also consider getting in touch with
existing businesses or organizations, and kindly offer
them your time and service. In this case, remember to
not only think about why you want to work there, but
more importantly how you can contribute and add
value to their business.
5. Don’t Sell Yourself Short
This final tip may sound like straightforward advice,
however during the transition from school to work
you are going to want to remember it. Often, as
students, it is easy to overlook our own potential. The
truth is you may not feel like it right away, but you
have a ton to offer the ADR community. Students may
have fewer years of experience and are still
establishing their practice, that is okay. I want to
reiterate this does not mean that you are any less
capable, or ready to take on the task. You are ready!
It may feel scary, although everybody truly needs to
start somewhere. I would like to finish my final
thought with a quote from the Dalai Lama: “With
realization of one’s own potential and self-confidence
in one’s ability – one can build a better world.”
Julia Zuckernick, BA (Hons), is a recent graduate of
the ADR (Mediation) Program at Durham College.
Julia is passionate about conflict management and
helping other ADR Students navigate the ADR career
field.
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ADRIO Member since 2016
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“ Membership with ADRIO has many benefits for me, as
someone starting my own business. It connects me to many
Mediation Professionals who are currently working in the field.
I have reached out to them, from time to time, with questions
and concerns and found they possess a treasure trove of
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28 | ADR UPDATE FALL 2019
CONTRIBUTIONS FROM ADR STUDENTS, PROFESSORS & NEW ADR PRACTITIONERS
OPINION: RYERSON’S INNOVATIVE
LAW EDUCATION MAY NOT GO
FAR ENOUGH BY BARBARA BENOLIEL, PhD
This article is the opinion of the author and does not
reflect the position of the ADR Institute of Ontario.
Ryerson University in downtown Toronto has received
the province’s approval for their new degree granting
School of Law and is now accepting applications for 2020.
Ryerson’s proposed model of Integrated Practice
Curriculum is one of the innovations being suggested as
changing the face of law school education. While this is
an ambitious undertaking it is not unique. Lakehead
University has had this model of putting practicum
opportunities into courses. In a very competitive and
conservative academic field, there is some scepticism. Ian
Holloway wrote in the Canadian Lawyer that it is normal
for those in the field to be sceptical about change, even
to the point of writing “negativity is the governing
professional disposition…”1
For the ADR component of the curriculum, like many of
the other subject areas, it is included in the curriculum
together with the topic of Advocacy, but as one section,
in a semester full of other subjects. In the same semester,
their program outline lists: Coding Bootcamp, Advocacy
and Alternative Dispute Resolution, Wills and Estates,
Legal Innovation, Intellectual Property and Privacy, and
Access to Justice Solutions. That is one of the semesters.
A little bit of a lot of topics may be some exposure, but is
this a possible missed opportunity?
If Ryerson is looking to innovate, given the number of
possible applications for ADR solutions in so many
practice areas, would it not be worthwhile to consider a
specialization in ADR? This is particularly worthwhile to
consider because one of the key differentiators Ryerson is
promoting is their emphasis on social justice and critical
approaches to law. New programs are always in beta
development, meaning there will be revisions as the
program is put into practice and feedback from the field
influences content and delivery. It will be interesting to
watch and see where ADR might have a bigger place in
the curriculum if Ryerson truly wants to be the
innovator in changing how law is taught and practiced.
1https://www.canadianlawyermag.com/news/opinion/ryerson-reform-and-
the-pessimistic-lawyer/276163
--
Barbara Benoliel, PhD, is the President of Preferred
Solutions Inc. and is an ADRIO Board Director and
President’s Circle Member. She is also the Chair of
ADRIO’s Newsletter Committee.
Dr. Yazan Al-Naib
ADRIO Member since 2018
I Get More Acknowledgement with Membership www.adr-ontario.ca/join
“ To me, ADRIO is an organization dedicated to the promotion
of the ADR profession. It enhances the ADR profession and
assures provision of high-quality ADR services to the Public and
Businesses through qualification of professionals who comply
with stringent rules, procedures and codes of ethics. ADRIO
provides training programs, seminars, talks and networking
events, pursuing the enhancement of the strengths and
potential of its members. In a word, ADRIO is the path for me
to continually improve my skills and provide opportunities for
exposure to the ADR services seekers.
29 | ADR UPDATE FALL 2019
Let ADRIO Help You
Resolve a Dispute
Many organizations simply do not have the
time, resources or know-how to recruit qualified
ADR professionals, design workable systems or
administer cases effectively and efficiently.
These organizations, nevertheless, still wish to
reap the rewards of ADR. Other organizations
want administration and appointment handled
by a third-party neutral to create distance
between the ADR professionals and the party
paying for the ADR professional’s services, as
well as to ensure that there is neither bias nor
perception of bias.
Let the ADR Institute of Ontario help you
resolve your disputes.
For more information, call us at:
1-844-487-4447
Membership in ADRIO gives me access to member-
only prices for programs presented by well-
experienced fellow mediators and special lecturers
from other related fields. Through ADRIO, I associate
with other likeminded mediators and arbitrators which
in turn allows me to discuss cases and get feedback.
Also, as a member, I have earned credibility and will
continue to further become accredited in the Alternate
Dispute Resolution field.
Donald Whitty
ADRIO Member since 2018
I Get More Recognition with Membership www.adr-ontario.ca/join
CONGRATULATIONS ON YOUR NEW DESIGNATIONS!
Qualified Mediator (Q.Med)
Meagan Bensadoun
Lisa-Rae Cormack
Katie Damphouse
Tammy Elliott
Todd Ferguson
Mohamed Ben Gleil
William Goldbloom
Rekha Lakra
Andre Potvin
Drew Samuels
Maritza Sanchez
Ken Smith
Harold Tan
Shirley (Susan) Thorning
Qualified Arbitrator (Q.Arb)
David Alderson
Benjamin Basson
Cynthia Kuehl
Edward Lynde
Chartered Arbitrator (C.Arb)
Stephen J. Kelly
31 | ADR UPDATE FALL 2019
32 | ADR UPDATE FALL 2019
Realize Your Full Potential
ADR Institute of Ontario™ Approved Courses
The ADRIO™ Education Committee is charged with the responsibility of approving courses that instructors,
institutions and universities submit to the Institute for review.
The following alternative dispute resolution programs have been evaluated by the education committee.
Completion of a total of 40 hours meets the educational criteria for membership in the Institute. For details
regarding additional upcoming course dates, fees and locations, please see contact information in each of the
listing. Contact us to submit your course for approval by ADRIO™.
Mediation Courses
ADR & Advanced ADR Workshops (two 4-day programs)
Instructors: Stitt Feld Handy Group
Location: Toronto and Ottawa, Ontario (and other cities
throughout Canada)
Contact: Stitt Feld Handy Group at 1-800-318-9741 or 416-307-
0000
Website: www.adr.ca
The Alternative Dispute Resolution (ADR) Graduate Certificate
Program (full-time one-year program over two academic
semesters)
Instructors: Various ADR practitioners
Location: Humber College Institute of Technology, Lakeshore
Campus
Contact: Mary Lee, LL.M. (ADR), Program Advisor, ADR Graduate
Certificate Program ([email protected])
Website: www.humber.ca/program/alternative-dispute-
resolution
Certificate in Dispute Resolution (140-hour program)
Instructors: Desmond Ellis, PhD.; Blaine Donais, BA, LLB.; Richard
W. Shields,LLB., MA., LLM., PhD., LSUC, Cert. CFM, C.Med.,
C.Arb., Cert.F.Med., Acc.F.Med.;Dennis Hodgkinson, BComm,
LLM, Cert. ADR.
Location: York University, Toronto, Ontario
Contact: School of Continuing Studies, Ph: 416-736-5616
Website: http://continue.yorku.ca/certificates/dispute-
resolution/certificate/
3-Day Advanced Workplace Restoration Course
Instructor: Blaine Donais, B.A., LL.B, LL.M., RPDR C.Med & Ann
Morgan BA, CVP, RRP, RP, WFA
Location: Toronto, Ontario
Contact: [email protected]
Dispute Resolution Courses
Upcoming Dates:
Level 1 – Fundamentals – January 13 – 15, 2020 and July 13 –
15, 2020
Level 2 – Mediation – February 10 – 12, 2020 and July 16 – 18,
2020
Instructors:
Rick Russell, B.A., LL.B., C. Med., C. Arb., Distinguished Fellow
I.A.M.
Heather Swartz, M.S.W., C. Med., Acc. FM, Cert. F. Med.
Shelley Stirling-Boyes, BA (Hons), Acc. FM
Contact: Rose Bowden – 1-800-524-6967 or (905) 627-5582 or
Website: https://agreeinc.com/our-services/training/dispute-
resolution-level-1-2
At Conrad Grebel University College, Waterloo, ON
Both workshops also qualify for credits toward a Certificate in
Conflict Management and Mediation offered by Conrad Grebel
University College, affiliated with the University of Waterloo.
These courses also qualify for LSUC CPD hours.
More course on the next page.
33 | ADR UPDATE FALL 2019
Riverdale Mediation Family Mediation Certificate Program
All courses and practicum/supervised experience for professional
family mediation certification with ADRIO, FDRIO and OAFM;
eligible for court-connected services.
Location: Toronto
Instructors:
Hilary Linton, CF. Med (ADRIO); FDRP Med (FDRIO); CFM (FMC);
Acc. FM (OAFM)
Elizabeth Hyde: Acc. FM (OAFM); FDRP PC (FDRIO).
Guest lecturers and coaches: TBD
Contact: [email protected]
www.riverdalemediation.com
Fundamentals of Mediation
This program contains 1.75 Professionalism Hours and 38.25
Substantive Hours.
Instructor: Kathryn Munn, LL. B., Cert. ConRes., C. Med., C.Arb,
IMI Certified Mediator; Donald Bisson, Q.Med (Northern Ontario)
Location: London, Ontario and other locations in Ontario;
Northern Ontario – D. Bisson
Contact: Munn Conflict Resolution Services – Ms. Munn at (519)
660-1242 or [email protected];
Northern Ontario – Mr. Bisson 1-888-647-1720 or
Website: www.munncrs.com; or for northern Ontario
www.bissonmediation.ca
Upcoming Dates in London, Ontario:
March 25, 26, 27, 30 & 31, 2020
October 28, 29, 30, Nov 2, & 3, 2020
Mediation – Alternative Dispute Resolution (graduate
certificate, one-year program)
Instructors: Dale Burt, MA Psych, Q.Med, Virginia Harwood,
Q.Med, Tricia Morris, Q.Med
Location: Durham College – Oshawa, Ontario
Contact: Dale Burt, MA Psych, Q.Med (Program Coordinator),
Website: http://www.durhamcollege.ca/programs/mediation-
alternative-dispute-resolution
5 Day Foundational Conflict Management & Mediation
Workshop – MDR Associates Conflict Resolution Inc.
Instructors: Richard J. Moore, LL.B., C.Med, C.Arb, CFM, Cert.
Med. IMI – MDR Associates
Location: Ottawa and various sites across Canada
Contact: Richard Moore at 613-230-8671
Website: www.mdrassociates.ca
Upcoming dates: March 23-27, 2020 in Ottawa, and April 26 –
May 1, 2020 in Toronto.
Toronto location: First Unitarian Congregation of Toronto, 175
St. Clair West
5 Day Advanced & Multiparty Mediation Workshop – MDR
Associates Conflict Resolution Inc.
Instructors: Richard J. Moore, LL.B., C.Med, C.Arb, CFM, Cert.
Med. IMI – MDR Associates
Location: Ottawa and various sites across Canada
Contact: Richard Moore at 613-230-8671
Website: www.mdrassociates.ca
Upcoming Dates: May 25-29, 2020 in Toronto
Toronto Location: First Unitarian Congregation of Toronto, 175
St. Clair West
Conflict Management Coaching
CINERGY® Coaching offers virtual training and 4-day in-person
Conflict Management Coaching Workshops.
Conflict management coaching – also known as conflict
coaching – is a one-on-one technique in which a trained coach
assists people to independently manage specific disputes or to
strengthen their conflict management skills. This process may
also be used to prepare individuals to participate in mediation
and negotiation. Conflict management coaching may be used in
any context in which clients want assistance to better engage
in conflict.
For more information and to register go to
www.cinergycoaching.com or contact us at
More course on the next page.
34 | ADR UPDATE FALL 2019
The Essentials
Instructor: Helen Lightstone LL.M.(DR),C-Med
For more information: www.lightstonemediationservices.com
The Essentials is designed to provide Dispute Resolution Training
students with the ability to differentiate between the negotiation
and mediation processes, to explain the roles of negotiator and
mediator and to provide insight into the positions of the parties
of a conflict. The Essentials will include engaging lectures, in-
depth class discussions as well as plenty of opportunity to
practice newfound skills by way of role-playing.
The Essentials is targeted to HR professionals, public and private
sector employees, legal professionals and anyone interested in
resolving disputes. Students will learn the consequences of each
type of dispute resolution process which could potentially save
time, money and increase morale and productivity. Anyone
interested in enhancing their current personal and professional
relationships will benefit from this course.
Course completion satisfies the educational component and
membership requirements of the ADR Institute of Ontario and
count as hours towards the educational component of the
Q.Med and C.Med designations.
Mediation for Professionals – Online
Instructors: LOUIE SPEDALIERE LL.B (Hons); Mary Joseph,
Q.Med.; Hayley MacPhail M.Ed., CYC cert., Q. Med; Laura gray,
BA, MA, LLM, AccFM
Contact: Alysha Doria, 905-839-0001
Website:
https://www.herzing.ca/professionaldevelopment/mediation-
for-professionals-certificate
ADR specialization (within the Legal Studies Program) Program
consisting of the following courses: Human Rights Mediation;
Employment & Mediation; Family Mediation; Theory and
Practice of Mediation
Name of Approved Course Provider: Legal Studies Program,
Faculty of Social Science and Humanities, University of Ontario
Institute of Technology
Location: UOIT, Oshawa, Ontario
Contact: Ms. Sasha Baglay, PhD, Director of Legal Studies
Program, Faculty of Social Science and Humanities, University of
Ontario Institute of Technology (UOIT)
Website:
http://socialscienceandhumanities.uoit.ca/legalstudies/current-
students/course-descriptions.php
Arbitration Courses
Comprehensive Arbitration Training
Instructor: Murray H. Miskin, LL.B.
Location: Toronto, Ontario
Contact: 416-492-0989, 905-428-8000 or by email at
Website: www.adrworks.ca
Correspondence Course in Arbitration
Location: Available anywhere in Canada
Contact: ADR Institute of Canada, Inc. at 416-487-4733
extension 101
Website: http://adric.ca/resources/training-handbooks/
For more courses,
workshops and
seminars, check our
events calendar,
HERE.
35 | ADR UPDATE FALL 2019
36 | ADR UPDATE FALL 2019
More ADR Update
To read past issues of ADR Update, click HERE.
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www.adr-ontario.ca Th opinions expressed in the articles featured in this newsletter are that of the respective
writers and does not represent the views of The ADR Institute of Ontario.
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