ADR (Alternative Dispute Resolution) Section
About the Section
A growing number of disputes are being successfully resolved in case management, settlement conferences including pre-trials and four-way conferences, mini-trials, arbitration, mediation, mediation-arbitration, judicially-assisted dispute resolution, and conciliation. Finely-honed skills and styles are required and used in these processes to bring these disputes to successful resolutions. A clear recognition and understanding of the contexts and frameworks of these processes is integral to a positive end result. Negotiating style and techniques for reducing barriers to settlement are learned. Join our Section and be proactive in your learning and practice.
Click here to get information on the corresponding CBA National Section
Section Executive
Co-Chair
Kelli Forbes
Paterson Patterson Wyman & Abel
1-1040 Princess Avenue
Brandon, MB R7A 0P8
Phone: 727-2424
Fax: 728-4670
kforbes@patersons.ca
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Co-Chair
Audra Bayer
Audra Bayer Law Corporation
495 - 70 Arthur Street
Winnipeg, MB R3B 1G7
Phone: 952-6987
Fax: 415-4625
bayerlaw@shaw.ca |
Past Chair
Lawrie Cherniack
Cherniack & Cherniack
742 South Drive
Winnipeg, MB R3T 0C3
Phone: 284-6886
Fax: 284-6965
lawrie@cherniack.ca
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Upcoming Section Events
Check back soon.
Past Section Events
February 8, 2012, 12:00 Noon (The Law Society Classroom: Explore Restorative Justice Alternatives (Joint Meeting with Criminal Justice Section)
December 12, 2011, 12:00 Noon (Audra M. Bayer Law Corp): Business Meeting & Election of Executive
October 18, 2011, 5:00pm (Thompson Dorfman Sweatman): Meeting with the new Chairperson of the Canadian Human Rights Tribunal, Shirish Chotalia
May 20, 2011, 12:00 Noon (The Law Society Classroom): An Update on Family Arbitration Practice: Promise and Peril
April 19, 2011, 12:00 Noon (3rd Floor Boardroom - 363 Broadway): The Business of Being an Arbitrator
Section Reports
2010-2011
Articles posted include:
Judicially Assisted Dispute Resolution Practice in Manitoba – George Derwin
This article was presented as a CLE at the 2008 Mid-winter meeting. Mr. Derwin gives an in-depth analysis of the JADR program in Manitoba. The article includes information on differing types of negotiations styles, and statistics as to their success rates. Details of the types of considerations counsel should take into account and how the process should be explained to clients are included. Information on how the process is begun and carried out including an in-depth analysis of the actual meeting and negotiation phase are discussed.
Unanticipated Outcomes, Medical Error and Apologies in Healthcare – George Derwin
This article was presented by Mr. George Derwin as a CLE at a joint meeting of the ADR and Health Law Sections. The article gives a brief introduction to the topic of apologies and defines, and explains, some important topics. Statistical evidence on the effect of an apology on litigation is then given. Three different types of apology laws are examined and used to show the development of the area. The article then discusses some of the issues associated with an apology, such as the effect on insurance and if the apology is protected in multi-jurisdictional cases. A comparison of Canadian apology law is followed by an analysis of the elements of an apology with Mr. Derwin questioning whether apology law allows for a true apology.
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