Law Times

PAGE 10 FOCUS April 20, 2009 • lAw Times ADR debuts in workplaces, organizations BY DARYL-LYNN CARLSON For Law Times A lternate dispute resolution options are being increas- ingly embraced by work- places and organizations seeking to resolve internal disputes more effi ciently and cost eff ectively. But perhaps surprisingly, there's been no marked increase in ADR's popularity relative to the economic recession; rather, it's been a slow process of edu- cation and facilitating a cultural change in order to introduce al- ternatives to litigation. "Mediation is a bit of a blunt instrument, it doesn't get used as often as it should," says John Curtis, who focuses on sports law but also touts "confl ict coaching" as one of the key ser- vices he provides to workplace clients, and teaches courses through the Mediation Centre of Southeastern Ontario. For conflict coaching, Cur- tis meets one-on-one with the parties involved in a dispute and tries to negotiate terms of resolution that are agreeable to both. He says the process can be especially effective in work- places wherein one or both of the parties is of significant Visit us online! lawtimesnews.com canadianlawyermag.com value to the organization. "Typically these are workplace related and a lot of workplaces are looking for better ways to do things," says Curtis. "A lot of time what I'm doing is just walk- ing people through the steps of negotiation. Being involved in a confl ict, it's very hard to analyze the issues objectively." To date, many of his clients have been school boards seeking to resolve disciplinary matters and internal disputes. "It's a new way of thinking for them," he says. "People want to move on and get out of a confl ict." Ernie Tannis is likewise see- ing a broader spectrum of clients adapting means to resolve dis- putes outside of the courts. "I think the increased inte- gration of ADR is because it goes way beyond what the term originally started off . It's a mul- tidisciplinary approach with a lot of fl exibility." Tannis worked for years as a Fresh content delivered weekly. Canadian Lawyer | Law Times | 4Students | InHouse Visit Us Online 1/4-3X.indd 1 Shareholders Agreements An Annotated Guide Second Edition 12/16/09 10:06:57 AM Your ultimate guide through the rigours of drafting solid shareholders agreements lawyer before serving as executive director for the Canadian Insti- tute for Confl ict Resolution. A certifi ed mediator, he prac- tises law with Barrick Domey Tannis LLP and at the ADR Centre, both in Ottawa. He is author of Alternative Dispute Resolution Th at Works, and also co-hosts a local, week- ly radio show on CHIN about ADR that is in its fi fth year and has won two awards. He says the rise in ADR's popularity is largely due to the fact that people are recognizing the need to preserve relation- ships, whether it be within a family or in business. "People are fi nding that these processes, especially if they need to have an ongoing relationship, are the best way to go," says Tannis. "I really believe everything is about public education and this, really, can be integrated as a life skill because all of us negotiate and mediate every day not to mention that in these economic times, court is cost-prohibitive." As a mediator, Tannis has adapt- ed what he believes is a unique and eff ective technique to be able to quickly achieve an agreement. He says it works in all types of disputes ranging from family to business. "I ask the parties 'what is your value system,'" he says. Often he elicits responses based on religion, although in almost all instances the parties will articulate the values by which they live. He then asks the parties to put the dispute in the context of the values they've recited and points out how the confl ict contrasts with the principles they hold dear. He cites one business matter in which he used the technique and the parties settled the very next day. "Th at was one of the best reminders that if you give people other things to look at beyond the surface of the confl ict and the egos associated with it, they will take the chance to think about it diff erently," he says. Heather Swartz, current president of the ADR Institute of Ontario, Inc. and certifi ed mediator with Agree Dispute Resolution in Dundas, says she has seen more workplaces seek- ing guidance to introduce means to settle confl icts in-house. "We're seeing things like con- fl ict coaching being used by gov- ernment agencies and non-profi t organizations, and large companies are creating designs within their or- ganizations to accommodate con- fl ict resolution," says Swartz. "An employer who sees a workplace struggling in the way that people are interacting, there very well may be a need for an assessment and some ADR in- terventions so we've defi nitely seen a broader understanding" of the value of dispute resolution alternatives, she says. She hesitates to wholeheart- The challenge in preparing a shareholders agreement is ensuring it meets the needs and intentions of clients. Guarantee that you've addressed the complex issues and considered all the circumstances which may arise and their impact with Shareholders Agreements: An Annotated Guide, Second Edition. This cost-effective, well-crafted and user-friendly resource is an excellent guidebook for corporate-commercial lawyers and general practitioners. This edition has been updated and revised to include: • amendments to the and regulations • the recent Ontario Court of Appeal judgment of • amendments to the Ontario • changes in general drafting principles Tailor agreements to your clients' needs easily and effectively with the included CD-ROM version of the sample agreements. ORDER your copy today Perfectbound with CD-ROM • Approx 340 pp. • May 2009 • Approx $90 P/C 0860010002 • ISBN 978-0-88804-489-1 and the edly endorse an in-house system at a workplace as an employee responsible for administering mediation or facilitating a reso- lution may not be seen as entirely objective. "Th at's why it may be appropriate for an organization to hire an outside mediator." Swartz also adds that within family court matters, mediation options are not available in all juris- dictions throughout the province. "Th ere is not uniformity For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Moreau_Shareholders Agreement (LT 1-3x4).indd 1 4/15/09 4:30:13 PM LT0420 around the province with respect to encouraging people to use al- ternative dispute resolution as a mechanism to resolve matters in family law," she says. "We have such an overbur- dened court system and it's ex- pensive both for our society and the parties in the dispute," she says, citing Brampton as an ex- ample of a jurisdiction that does not off er ADR as an option to parties embroiled in actions in the family courts. "Th e equity is not there. I am hoping the government, as policy-makers, will soon see it's important to have access to al- ternatives like ADR for every- one," she says. LT Aird & Berlis LLP Edited by Lisa E. Moreau Income Tax Act Business Corporations Act Frye v. Frye Estate Canada Business Corporations Act

• Cover
• Fight Over Fees
• Financial Matters
• Focus On ADR/Mediation