Ethics of ADR in Administrative Justice

Faculty

Several Boards have been using ADR for decades, while others have just introduced mediation as a new and innovative technique for dispute resolution. Should all Administrative Boards and Tribunals build this into their adjudicative structure and follow this path?

Using fact scenarios, topics covered include:

• Is ADR a good fit for the board/tribunal?
  • what is the spectrum of available ADR techniques?
• Who should do the mediating?
  • what to make of the mediator/arbitrator where the presiding officer can fulfil both roles, at different times?
  • how does the content of mediation (which is supposed to be confidential) translate to adjudication (in the mind of the arbitrator performing both roles)?
• What are the key characteristics of a good professional mediator/arbitrator? Does this ever vary?
• Appreciating and understanding the purpose of a case conference or pre-hearing conference
  • are there competing goals?
  • how do you manage what is appropriate to discuss?
  • is this an efficient or wasteful process?
• Importance of trust
• Ensuring all stakeholders have a commitment to respecting the process
• Dealing with cultural, demographic, and language barriers
• Challenges with self-represented parties
  • what are counsel’s obligations?
  • obligations of the Tribunal/Board members?
  • importance of communication and listening, including empathy

Faculty

Program Directors

• Lorne Sossin, Dean, Osgoode Hall Law School
• Voy T. Stelmaszynski, Board Solicitor, Ontario Labour Relations Board

Panelists

• Reva Devins, Vice Chair, Grievance Settlement Board; Arbitrator and Mediator; Fellow, Winkler Institute for Dispute Resolution (Osgoode Hall Law School)
• Travis Kearns, Manager Field Services, Ontario Labour Relations Board
• David A. Wright, Tribunal Chair, Law Society of Upper Canada (LSUC)

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30 % off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

We reserve the right to change program content, speakers and locations without notice. Program materials can be expected to arrive with in 2-3 weeks after purchase. Media/Video/Audio streams will be sent to you as soon as payment is received.

Refunds

No refunds will be provided for video streams, audio streams and/or media streams. A full refund will be issued for items (ie. CD-Roms) returned within 30 days of purchase as long as it is returned in its original sealed packaging.