Law Times

Law Times • April 8, 2013 Page 11 FOCUS ADR venues Options range from home-based offices to high-end settings BY JuDY VAN RHIJN For Law Times T he alternative dispute resolution scene in Ontario adopts a broad range of means to get its job done. At one end of the spectrum are arbitrators who are putting down roots in formalized settings while at the other are mediators operating from home offices via phone and the Internet. The diversity in practice not only allows professionals to sculpt their own path but also offers a variety of experiences to parties requiring assistance. At the top end of the market in both formality and facilities is the arbitration wing of the dispute resolution profession. Ontario's desirability as a place for international arbitrations has taken a leap forward in the last 12 months with the opening of court-like facilities such as Arbitration Place and JAMS in Toronto. Arbitration Place offers a variety of hearing and breakout rooms that can accommodate any size of hearing. It also offers private offices, an arbitration library, and a fully equipped commercial kitchen. The JAMS facility includes more than 10 conference and breakout rooms, a business centre, and a café. In a study conducted in the spring and summer of 2012, Charles River Associates estimated that the total impact of arbitration on the economy of the City of Toronto would be $256.3 million that year and would grow to $273.3 million in 2013. The study noted Toronto's appeal lies in the fact it provides a neutral jurisdiction that's relatively close to the United States, shares a similar legal system of common law origin, and uses English as a predominant legal language. However, not all of the approximately 425 arbitrations conducted in Toronto in 2012 and the countless others that took place elsewhere in the province occurred in such formal settings. "Big formal offices are appropriate for the formal process that is arbitration," says Cathryn Paul, a lawyer, mediator, and arbitrator based in Oakville, Ont. "It results in an order that can be enforced like a court order or filed with the court. It requires the taking of evidence, the presence of a court reporter, and you may sometimes need a security guard. Large spaces are beneficial, but you can do it from an arbitrator's office if you have a boardroom with room for a witness stand and space for lawyers to set out their papers." She believes it's also necessary to have some breakout space. "It's really important that the parties are not all stuck in the same room all day." That also holds true for mediators who require a series of meeting rooms for caucusing and combined sessions. Another practice can operate out of option is the use of court their own office." reporting facilities that offer At the other end of the spacious meeting rooms, spectrum are dispute resocomplimentary refreshlution professionals who ments, and high-speed work from home offices. Internet access. But David ADR Chambers is currentAlderson of Heydary Hamly advertising for phone ilton Professional Corp. mediators to operate from says good facilities are only home to fulfil its commitone part of the equation. ments under the Financial "You need arbitration assoServices Commission of ciations and organizations Ontario mediation scheme. that promote the use of parPresident Allan Stitt notes ticular clauses that specify the firm inherited the that the arbitration is to be FSCO system and didn't held in a certain place or develop it itself. even a certain premises. "We don't use phone Then you have the comfort Allan Stitt is a proponent of conducting mediations as part of our of knowing that the facilities dispute resolution online. regular work. We offer ewith the technical requirevideo conferencing. It is better than phone ments are there." Paul points out that the larger venues save mediation because it allows people in different part-time arbitrators from having to set up cities and different countries to see each other." Stitt believes there's no restriction on the separate offices. "ADR centres often include retired judges and senior counsel who have types of dispute an online process can deal retired and only work a few days a week. with. "We've done arbitrations that way as well An arbitrator with a more varied and active as mediations. The system is designed so that you can have everyone's face on the screen. You can literally drag people into caucus rooms with the mouse and the mediator can go back and forth between the caucuses. You can also draft documents or do drawings and diagrams online. I'm not suggesting it will replace in-person mediations but it is becoming more popular." Paul is also very interested in the future of online dispute resolution. She has used Skype to bring people from different jurisdictions together but stresses she wouldn't want to do that from home. "The technological options are there, but I wouldn't want to practise from home. People get upset and I wouldn't want to expose my family to that and it adds credibility to have a neutral, professional environment." Paul only uses telephone conferencing as an adjunct to ongoing mediation or for parental co-ordination. "There is a huge value to seeing people in person and seeing their reactions. It makes sense if they're not available to meet and they need an immediate result for something like Christmas or Thanksgiving access. I need to have a relationship with the parties already so I know what's likely happening on all ends of the phone line." LT STEVE NOYES I. T. Consultant Volunteer The McKellar Structured Settlement™ Financial security. Guaranteed payments. 100% tax free. Some decisions are easy. Untitled-1 1 www.lawtimesnews.com 12-05-08 11:11 AM

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