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Pledge to follow the Principles of Effective Dispute Resolution

Ken Proudman - view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Thank you to all of the lawyers who provided feedback on the draft Principles of Effective Dispute Resolution I circulated a little while ago. The Principles now have their own page on this website, and lawyers who want to commit to following the pledge and publicly show their support can do so by clicking the button at the top of the page: https://familycounsel.ca/principles.php

I'll also be announcing these Principles at LESA's Advanced Negotiation Techniques for Family Law Lawyers seminar next month in Edmonton and livestreamed on June 14 or in Calgary on June 2.


0 6 months ago - edited 6 months ago

Linda Long Q.C. - view Arbitrator profile
  Long Family Law Group LLP
   Edmonton, Alberta


Why is collaborative divorce not listed as an ADR practice, Ken? It is acknowledged as one under Rule 4.10 by the Court of Queen’s Bench.

The principles as drafted are fine but this is an omission that makes me unable to sign on. Otherwise, I would.

Linda


0 6 months ago

Ken Proudman - view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Hi Linda, that section addresses where they've already gone down the litigation path and they're otherwise facing a trial. There's nothing stopping lawyers from recommending Collaborative Law as well, but I think for that scenario I might receive resistance from litigators who are hesitant to recommend Collaborative Law after they've already reached an impasse. I could add a sentence such as "Lawyers should also consider recommending mediation, arbitration, med-arb, and collaborative law from the outset of a matter." Would that address your concern?

0 6 months ago - edited 6 months ago

Linda Long Q.C. - view Arbitrator profile
  Long Family Law Group LLP
   Edmonton, Alberta


Yes. I would be happy with that as an amendment. But we will have a principled discussion at the Advanced Negotiation Techniques for Family Law Lawyers (LESA program) in June about litigation off ramps and timing. I encourage practitioners to register for this exciting LESA program, and not just because I am a panelist, lol! It will be in person and lively. Thanks for chairing, Ken.

1 6 months ago - edited 6 months ago

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