FamilyCounsel.ca

Announcements

Back to Announcements

Seeking Feedback on Draft Principles of Effective Dispute Resolution

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Hi friends, I've been putting together a set of Principles of Effective Dispute Resolution.

In addition to releasing them at my upcoming LESA family law negotiation seminar in June, I also intend to publish them on FamilyCounsel.ca, and use them in a non-profit society down the road.

I hope that lawyers will incorporate the final version into their practices, in order to make family law practice more effective, and to improve our work-life balances and stress levels. Hopefully if clients see this, it will also change their outlook. I also hope that it will help students and new lawyers avoid bad habits.

To that end, I'm seeking feedback on my draft, which is linked to below. What do you think? Please let me know if you think any language is unclear or problematic, or whether you have any other ideas. I know that some of the principles will be controversial, I've even seen a lawyer on here say they refuse to speak to any lawyer on the phone.


Download Draft Effective Dispute Resolution - DOCX file attached - Jan 19, 2022

Caution: we recommend that you scan this file for viruses and malware prior to opening or otherwise using it.

0 2 years ago

Ashley Taunton
  ECLC
   Edmonton, Alberta


I liked your list - a lot of common sense principles all in one place.

With respect to phone calls, talking on the phone definitely encourages resolution. However, I have declined further phone calls with opposing counsel when they have engaged in bullying tactics over the phone or subsequently misrepresent the contents of the phone call - written communication is necessary in those situations.

Some feedback:
- I don't like the term "Refusing to harm children". It makes it sound like some lawyers are out there purposely harming children. I would suggest something more like "Protecting children".

- Sometimes principles is capitalized and sometimes it is not (see #1, #2, #8)

- I don't understand what you are trying to say here in #4: This Principle does not prevent a lawyer from arguing that another lawyer’s step in the litigation was improper, however such behaviour should be referred to their client’s conduct, not the lawyer’s.


1 2 years ago

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Thank you for the excellent feedback Ashley, I will definitely incorporate it and clarify the language!

0 2 years ago

Doug Moe Q.C. Executive
 view Arbitrator profile
  Moe Hannah LLP
   Calgary, Alberta


Ken, I read them, agree with them and like to think I do follow those principles.

I agree practice would be better if everyone did.
Not everyone will agree with you, or me, lawyers by their nature will look at it critically and look for reasons to disagree rather than ways in which to agree.

When a draft of the current version of the Code of Conduct first came out for input and comments from the Bar one of the comments was "God couldn't live up to this standard".

We need standards. We can always debate what they should be but having this guidance from someone who spends as much time thinking about these things as you do is great.

Thanks for doing this. I have nothing to add/change. Nice job.


1 2 years ago

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Thank you so much for your support Doug, it means a lot to me

0 2 years ago

You must log in or sign up to reply to conversations.


Back to Announcements









© 2016 to 2024 Kenneth J. Proudman. DISCLAIMER: The tools, documents, and other information herein are not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. By using this website, you agree to release Kenneth J. Proudman, BARR LLP, and Miller Boileau Family Law Group from all present and future claims and liability, including liability arising from any negligence.