Law Times

PAGE 10 FOCUS December 6, 2010 • Law Times ADR designations crucial in competitive market But getting necessary experience for certification a challenge for lawyers BY ROBERT TODD Law Times M ediators and arbitrators looking to stand above the crowd in a highly competi- tive market are being urged to seek out nationally recognized designations. "One of the things we certainly do notice is, as they become more recog- nized and more accepted, it's almost becoming, for work at a certain level, an expectation," says Mary Comeau, a partner at Macleod Dixon LLP in Cal- gary and a director of the ADR Insti- tute of Canada Inc. That means the days of a practitio- ner finding success by simply hanging a shingle and claiming to be a media- tor or arbitrator are over. In order to be taken seriously in the profession, says Comeau, it's now crucial to demon- strate a level of experience and under- standing of the practice. That comes in the form of being able to call oneself a chartered arbitrator, chartered media- tor or qualified mediator. "I think the best thing about hav- ing them is it provides a level of quali- fication across the country that people can hold themselves out to and that consumers have comfort in knowing that someone who has these qualifica- tions does meet a certain set criteria that they can go in their web site and see," says Comeau. "So it really is a quality control, which I think benefits the service providers and the users of the service, too." The designations are also necessary if practitioners hope to get on rosters of arbitrators and mediators compiled by the ADR Institute on behalf of various must have practised for no less than two years and have chaired a minimum of five arbitrations with two of those being paid. There are several other requirements, such as a skills assessment, as well as edu- cational and additional practical experi- ence, that applicants must also meet. To become a chartered mediator, individuals must have conducted at least 10 mediations, having been the sole mediator or chairperson in at least five of those cases, and been paid for at least five of them. Appli- cants must also meet additional edu- cational, skills testing, and insurance requirements. Many aspiring practitioners who Designations are like 'quality control, which I think benefits the service pro- viders and the users of the service,' says Mary Comeau. organizational clients. At those clients' request, those lists almost exclusively involve individuals who have obtained a national designation. Comeau, who as counsel is a con- sumer of mediation and arbitration services, is often asked by lawyers and other professionals for recom- mendations on the appointment of arbitrators. "They will often ask what qualifica- tions the person has, whereas five years ago it wouldn't have been an issue at all," she says. The lengthy process of gaining nation- ally recognized designations, however, daunts many aspiring arbitrators. To be- come a chartered arbitrator, practitioners GET A LEGAL PERSPECTIVE ON BRAND MANAGEMENT NEW EDITION BRAND MANAGEMENT IN CANADIAN LAW, 3RD EDITION JOHN S. MCKEOWN Brand Management in Canadian Law, 3rd Edition is the only publication in Canada that brings together the legal and business issues you need to understand when helping clients reach their business objectives through branding. Now in its third edition, Brand Management in Canadian Law is written in easy-to-understand language by a specialist in intellectual property and marketing matters. Current case law, expert analysis, summaries and checklists make this unique publication an exceptional and thoughtful guide for gaining a clear understanding and overview of the branding process and the legal issues associated with it. The text covers all the relevant issues, and offers fresh insights and detailed commentary. Summaries and checklists close out most chapters. WHAT'S NEW IN THIS EDITION • thoroughly updated selection of case law • signifi cant new materials concerning branding on the Internet • phishing and related problems • sale of counterfeits on the Internet • misleading and comparative advertising • metatags, keywords, and search engine rankings AVAILABLE-RISK FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ntitled-11 1 9/21/10 2:45:22 PM ORDER # 982807-68963 $137 Softcover approx. 370 pages 978-0-7798-2807-4 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. had met some of the requirements be- gan complaining a few years ago that it would take them much longer to meet all of the standards and were at a com- petitive disadvantage when attempting to get their practice on track. "We had a lot of practitioners who were saying, 'I've got my educational requirements and I've started out but I don't have enough experience to get the certified level. But it would be good to have something because, frankly, I'm not getting any work and I can't get the experience I need to get to the next level because I don't have a designation,'" says Comeau. The ADR Institute of Canada re- sponded by creating the new junior designation of qualified mediator. It essentially allows individuals with the educational requirements they need to conduct a mediation or arbitration to get started on the job. "It allows people to have a qualifi- cation that's publicly recognized and use that as a stepping-stone to get the higher qualification," says Comeau. David McCutcheon, past president of the ADR Institute of Canada and a partner at Fraser Milner Casgrain LLP in Toronto, agrees that it's vital for aspiring mediators and arbitrators to work towards the nationally recog- nized designations. "They do separate the people who have a big commitment to the ar- bitration world and are prepared to demonstrate that by education and practice," he says. McCutcheon points out that those with an interest in gaining further credentials can benefit from the ADR Institute of Canada's affiliation with the International Mediation Institute, from which they can pursue certified mediator status. "That is a step up that's an even more onerous requirement and re- quires feedback, digests, and all kinds of additional annual requirements that are pretty significant," says Mc- Cutcheon. "Anybody who has that designation and keeps it is very active in the world of mediation." But McCutcheon says practitioners shouldn't stop at acquiring designa- tions if they want to become a truly well-known professional in the field. He also encourages them to expand their personal networks of contacts, seek opportunities to publish articles, be willing and able to speak with members of the media, and get en- gaged with colleagues. "Being a visible part of the ADR community" is vital, says McCutcheon. "Going to the conferences, seeking out other people in the business, and just staying right on top of the game, that's really important stuff." LT Henderson Structured Settlements: Your Partners in Service® No Cost /Obligation Services www.henderson.ca | 1.800.263.8537 Proud Sponsor of Untitled-1 1 www.lawtimesnews.com 12/1/10 9:17:54 AM

• Cover
• Wireless Evidence
• Aggressive Bureaucrats
• Focus On ADR / Mediation