ADR Update Newsletter

The Alberta Queen’s Bench has 19 vacancies. With judicial time prioritized for criminal and family matters involving abuse and children, there are no JDR dates available through June 2017 in Calgary or Edmonton. It’s a great time to engage in mediation and arbitration to resolve claims quickly and efficiently. PRIVACY AND CONFIDENTIALITY IN ARBITRATION: Privacy […]

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February 2013 ADR Update

QB ARBITRATION DECISION: A homeowner brought arbitration proceedings against a luxury homebuilder, and I issued an award. The builder then sued the homeowner to preserve a limitation period. The homeowner defended, counterclaimed and added a painter as a third party. He then argued that, because the builder attorned to the court’s jurisdiction, the court could re-open […]

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Decision Making

Decision making is mentally taxing and, if forced to keep deciding things, people get tired and start looking for easy answers. (The Economist) This suggests that frequent breaks in both mediation and arbitration should yield better results.

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February 2012 ADR Update

QB DECISION: Mahoney J refused to grant IBM’s application to waive the DRP provisions of the Rules in IBM Canada Limited v Kossovan. The court said: “The experience in this Court plus ample informed commentary suggests that requiring participation in an alternative dispute process leads to many settlements that would not otherwise occur.” “…the threshold for obtaining [exemptions] […]

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How we are Treated – The Fairness of the Procedure

“How we are treated—the fairness of the procedure—has as much to do with our satisfaction as the ulti-mate outcome.” (Sway: The Irresistible Pull of Irrational Behavior, Ori and Rom Brafman) ARBITRATIONS: Recent work includes interpretation of unanimous shareholder agreements, commercial rent renewal rates, bridge construction, Insurance Act appraisal, joint venture agreement interpretation, partnership agreement interpretation, […]

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