(Please note: All sessions, speakers and timing subject to change.)
Notice: Paperless Conference - You are encouraged to bring your tablet / laptop / other device to access any handouts and presentations.

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ADRIC 2017: ADR & Access to Justice Conference

Friday October 20th – St. John’s, NL

8:00am - 8:30am
         Registration and Full Hot Breakfast sponsored by JAMS
8:30am - 10:00am

(90 minutes)
Arbitration Stream
Room: Salon G
Mediation Stream
Room: Salon C
ADR Processes  Stream
Room: Salon A
Special Interest Stream
Room: Salon D
1E 2E 3E 4E
Maximizing the Efficiencies of the Arbitration Process (Or, How Not to Litigate an Arbitral Dispute!) Access to Justice and Intimate Violence Innovation and Access to Justice through the Award Winning Public Navigator Program Construction Disputes and Project Justice: Mediate, Arbitrate or Litigate?
Craig R. Chiasson, LL.B, 
B.Ed, BA, Partner,  International Trade and Arbitration Group, Borden Ladner Gervais LLP;
David R. Haigh, QC, FCIArb, CA CIArb, Burnet, Duckworth & Palmer LLP;
P. David McCutcheon, LL.B, C.Arb, Dentons Canada LLP; 
Kathryn A. Raymond, QC, Arbitrator, Mediator, Senior Partner, Boyne Clarke LLP

Arbitration is often pitched to clients as an alternative to litigation, but many counsel treat it no differently than they would a traditional trial resulting in lost efficiencies. This panel will explore this issue and will discuss practical steps that counsel and arbitrators should consider in resolving arbitral disputes.
Constable Lindsay Dillon, Royal Newfoundland Constabulary (RNC)

A case study approach will be used to discuss the serious issue of intimate violence. An overview of the Intimate Violence Unit of the Royal Newfoundland Constabulary, statistics in the RNC jurisdiction, and what to look for in relation to intimate partner violence will be reviewed. Also, an opportunity to examine what the general public, coaches and mediators can do when they uncover issues related to intimate violence will be explained as case studies are discussed.
Heather de Berdt Romilly, Executive Director, Legal Information Society of Nova Scotia

Public Information Societies are vital to reaching unrepresented and unsure complainants who cannot manage the regular legal channels to justice. LISNS is doing it differently. The presentation will engage other Province’s Programs as well.

Chair: John V. O'Dea, QC, McInnes Cooper LLP;
David Burley, National Service Line Leader, Contract Management and Real Property Management Services, Defence Construction Canada;
Thomas G. Heintzman, OC, QC, FCIArb, Heintzman ADR; 
Rick Romkema, Vice-President, Legal Services, EllisDon Group of Companies 

This session will cover:

  • Reality of costs and the concept of proportionality in choosing mediation vs. litigation vs. other means to resolve claims; 
  • The benefit of early resolution (i.e., during the project) and use of a project mediator;
  • Strategies in project disputes, e.g.: preparing for mediation at the contract drafting stage; 
  • Language of the ADR clause; 
  • Narrowing the issues to be mediated in a construction project.

10:00am - 10:30am      Refreshment Break sponsored by McInnes Cooper LLP
10:30am - 12:00am

(90 minutes) 
Arbitration Stream
Room: Salon G
Mediation Stream
Room: Salon C
ADR Processes Stream
Room: Salon A
Special Interest Stream
Room: Salon D
1F 2F 3F 4F
Hot Topics in Arbitration A Restorative Approach to Addressing Civil Claims The Med/Arb Process  Access to Justice for Indigenous Peoples and the Potential of ADR: Powerful Possibilities or Overinflated Expectations?
Chair: Norm Emblem, LL.B, Dentons Canada LLP;
Barbara Grossman, Partner, Dentons Canada LLP;
Naomi Loewith, Investment Manager, Legal Counsel, BenthamIMF;
Michael Mooney, Vice President, General Manager, Garden City Group, Crawford Company;
Gregory M. Smith, Partner, Curtis, Dawe Lawyers;
Errol Soriano, FCPA, FCA, FCBV, CFF, CFE, Managing Director, Duff & Phelps

In this session, you will hear about cutting edge issues in arbitration from a distinguished group of speakers including a third party institutional funder, a business valuator, a claims administrator and three litigators.
The interplay between arbitration clauses and class actions where the proposed class action involves non-consumer claims and consumer claims: Will the class action be partially stayed in favour of arbitration with respect to the non-consumer claims for which the arbitration clause is valid and enforceable? The trilogy of the Ont. CA decision in Griffin v Dell Canada Inc. (no partial stay), the SCC decision in the BC case Seidel v. Telus Communications Inc. (partial stay) and the Ontario CA decision in Wellman and Corless v. TELUS and Bell (no partial stay, but there is a pending application for leave to appeal to the SCC).
Laura Bruneau, BA, LL.B, CMC, Bruneau Group;
Mike Dull, B.Sc, JD, Valent Legal;
Jennifer Llewellyn, BA, MA, LL.B, LL.M, University of Dalhousie, Schulich School of Law

Restorative Justice is an increasingly preferred approach to addressing harms within the criminal realm.  But does it have a place in the civil justice system?  Can it be used in resolving civil disputes?  Session panelists share their experiences and lessons learned through Canada’s first restorative class action settlement for the Home for Colored Children class action in Nova Scotia. 
Drawing upon this and other experiences panellists will share the principles of a restorative approach and what they require in practice. Panellists will address the similarities and differences between a restorative approach and more common ADR settlement processes. Specific attention will be paid to the implication of this approach for the work of ADR professionals.

Charmaine Panko, LL.B, C.Med, Q.Arb, Panko Collaborative Law & Mediation

Learn about the Med - Arb Process as an alternative dispute resolution option. This process combines Mediation and Arbitration allowing people the possibility of self determination while still ensuring timely, cost efficient and effective solutions to specific problems.

Bruce C. Gilbert, PhD;
Amelia Reimer, Cultural Support Coordinator, St. John’s Native Friendship Centre;
Matt Thorpe, Senior Director, M. Thorpe Inc.;
Mi'kmaq Elder Calvin White, Former Chief of the Flat Bay Indian Council

Several Indigenous leaders, each with a unique perspective, will share their experiences, stories, insights, and ideas regarding ADR. After a short small group exercise, the audience will then be invited to comment, question, or respond.

Questions to be considered:

  • Is there actually a role for ADR in resolving issues with and for Indigenous peoples needing access to justice?
  • If yes, what is this role(s)?
  • Are we over-selling the potential of ADR to bring about desired change?
  • Are we underutilizing ADR?
  • What challenges exist in using ADR in Indigenous contexts to resolve complex issues?
  • Who needs to do what to ensure ADR's potential is maximized?
  • What can leaders, legal professionals, educators, ADR practitioners and others do about this?
  • What is the role of ADRIC and its affiliates when it comes to advancing high-quality ADR within and across Indigenous communities?

12:00pm - 1:00pm       Friday Luncheon sponsored by Gowling WLG
Room: Salon A
12:20pm - 1:00pm       Keynote Address: Hon. Justice Malcolm Rowe, Supreme Court of Canada

Dispute Resolution for Online Consumer Transactions

Online commerce continues to grow at a rapid pace. Traditional dispute resolution mechanisms are not well suited to meet the demands imposed by new communication technologies, new sales techniques, and new types of products and services offered online.  Complexity is added by the internet bringing together parties across national boundaries. These challenges and possible responses are considered in the context of low to medium value consumer transactions.

1:15pm - 2:45pm

(90 minutes)
Arbitration Stream
Room: Salon G
Mediation Stream
Room: Salon C
ADR Processes Stream
Room: Salon A 
Special Interest Stream
Room: Salon D
1G  2G 3G 4G
Marshalling Evidence for Use in International Arbitration Resolving Conflict from the Inside Out Access to Justice In NL – 4 Years post-Cromwell Report
Managing Workplace Accommodation in a Unionized Workplace Environment – A Workplace Model
Roger B. Campbell, Barrister and Solicitor;
Allison Kuntz, Partner, Norton Rose Fulbright Canada LLP;
Michelle T. Maniago, Partner, Borden Ladner Gervais LLP

International arbitration often provides challenges for evidence collection when parties, witnesses and counsel are situated in different countries. This panel will explore common complications that arise due to regional differences, including those caused by legal systems, language and even time zones, and provide practical tips to overcome these challenges.

Matt Thorpe, Senior Director, M. Thorpe Inc.

Matt is a “Story Teller” and in this interactive session, the participants will gain more knowledge in the world of Stress and Conflict from an Aboriginal perspective that will benefit them on many different levels.  Matt will share his Stories on how his world of Stress and Conflict for many years which created a liability in his world was transformed into an Asset that is shifting the world today. 
Cheryl L. Mullett, City Solicitor, City of St. John’s;
Hon. Andrew Parsons, NL Minister of Justice and Public Safety, Attorney General, Government House Leader, Minister Responsible for the Access to Information and Protection of Privacy Office;
Kevin O’Shea, Executive Director, Public Legal Information Association of Newfoundland and Labrador;
Linda Ross, St. John’s, Newfoundland and Labrador.

Topics include work done by the Access to Justice Committee, challenges in rural areas and other parts of the province, new initiatives, restorative justice, access to legal aid, and self-represented litigants in court.

Viki Scott, RC(c), BSc (OccHealth), RRP, CHRM, MBA.ADR(c), President and Principal Consultant, Scott & Associates Inc.

Managing injuries, illness and disability in the workplace is challenging especially in “safety sensitive” workplace environments. This session introduces an integrative, interest based workplace model to assist workplace parties with developing a successful, effective and results based workplace accommodation program for physical and psychological disabilities. Discover how a union can be a valuable asset in helping design, develop and implement a workplace Early and Safe Return and Workplace Accommodation Program, risk management initiatives, preventative programs and more. 

2:45pm - 3:00pm       Refreshment Break sponsored by McInnes Cooper LLP

3:00pm - 4:15pm

(90 minutes)
Arbitration Stream
Room: Salon G
Mediation  Stream
Room: Salon C 
ADR Processes Stream
Room: Salon A
Special Interest Stream
Room: Salon D
1H 2H 3H 4H
Barriers & Opportunities to Achieving Justice for Parties to a Labour Arbitration Process Beyond Settlement: A Restorative Approach to Human Rights Claims Gender Diversity, Unconscious Bias and ADR Community Justice – for Whom?

Chair: James C. Oakley, QC, BA, B.Ed, LL.B, LL.M, C.Arb, Oakley Dispute Resolution;
Rick M. Dunlop, Partner, Stewart McKelvey;
Steve Porter, Labour Relations Officer, Association of Allied Health Professionals  Mt. Pearl NL

Is labour arbitration meeting its mandate for delivering justice for grievors/unions/employers concerning timeliness, cost‐ effectiveness, appropriateness, and fixing the problem for workplace dispute resolution?

  • Are changes needed to current approaches to Labour Arbitration to keep it relevant and effective – use of alternative processes, combinations of processes, etc?
  • Are the right kinds of disputes proceeding to arbitration (contract disputes vs relationship disputes)?
  • Modern workplaces are now resolving complaints in many ways (investigations, lawsuits, workplace assessments, adjudication panels, mediations, group facilitations, etc): What are effective ADR processes that can help and do help meet expectations; who is using them well?
  • Is labour arbitration really dispute resolution or simply breach of contract adjudication?
    Are there sufficient arbitrators? Where does the successor group of labour arbitrators come from? How do they get the right training and experience?
Professor Jennifer Llewellyn, BA, MA, LL.B, LL.M, Schulich School of Law, Dalhousie University

This presentation will introduce the theory and practice of a restorative approach and its application to addressing human rights claims.  Attention will be paid to the recent reforms at the Nova Scotia Human Rights Commission to implement a restorative approach to its work and the resolution of individual and systemic human rights complaints.

The presentation will consider the practical potential and difference a restorative approach offers over more traditional alternative settlement processes.  It will explore the role of facilitators and counsel within restorative processes and the potential of such an approach for the promotion and protection of human rights within organizations and institutions. 
Suzanne Sherkin, Q.Med, B.A., Highborn Communications

Most people are comfortable with the gender they were born into and never experience being uncomfortable as a male or female. However, a growing percentage of the population consider themselves somewhere along the gender spectrum and issues of harassment, bathroom usage and civility are surfacing. What unconscious biases are mediators bringing to the mediation table around gender diversity?
Katherine O'Rourke, RSW, Clinical Director, Blue Sky Family Care;
John Whelan, LL.B, Executive Director, Blue Sky Family Care

Conflict is often created in communities when specific services are located in neighborhoods where the citizens believe they should not be, giving rise to the NIMBY syndrome:  “Not In My Back Yard.”  This presentation reviews the role of ADR in confronting the recurring NIMBY issues that happen across municipalities in Newfoundland and elsewhere.

4:15pm - 4:45pm        Closing Plenary and Coffee
- Room: Salon A

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