ADR

  • ADR principles should guide civil pretrials

    Feb 18, 2019

    While the stated purpose of civil pretrials is settlement, our Rules of Civil Procedure provide a process that has a lot to do with litigation and little to do with settlement. Perhaps it’s no accident that, in the Superior Courts of Justice, the process is referred to as a “pre-trial” rather than as a “settlement conference” as it is in small claims court. This raises the question of whether a settlement approach that is centred on debating facts and legal issues limits the opportunities for settlement. Perhaps it’s time to introduce ADR principles into pretrial conferences.

  • Avoiding real estate litigation

    Avoiding real estate litigation

    Jan 28, 2019

    While mediation is used to resolve real estate issues extensively in some parts of the country, such as British Columbia and Ontario, it is not as common in others, such as the Maritimes, Manitoba or Saskatchewan, according to the ADR Institute of Canada.