Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1484268
www.lexpert.ca 19 and one party is trying to make the other's life miserable, then, absent an agreement, a judge isn't going to order arbitration." Awad says she is "a little cautious in saying how much mandatory arbitration is going to grow because it requires agreement, and not all parties may be totally focused on efficiency." Lawyers agree that "more sophisticated" parties will generally be more amenable to a mandatory arbitration clause or agree to arbi- trate later if there is no clause. Says Award: "If you're less familiar with the process, you may be more hesitant to look at the potential bene- fits. Given the stricter review standards for arbitration decisions, there may be no second kick at the can." Saab says parties can use a hybrid of medi- ation and arbitration when they both agree to try to resolve their dispute consensually. Still, if they cannot do so, the mediator is empowered to act as an arbitrator and decide. "e idea is you can design a process to try to mediate, but if we can't agree on a solution, we'll let the mediator become an arbitrator." However, Awad admits she is "not always a big fan" of this approach. "I find that parties can be very guarded during the mediation part of this process," she says, adding that a hybrid model "might work better in some cases than others." Nonetheless, Archer says that taking a flexible approach to ADR and possibly using more than one method to dispute resolution "gives parties more control over the process." A basket of procedures to choose from Meighen at BLG says he has also noticed "increasing comfort" with adopting models Madeleine's practice involves representing plaintiffs in class actions involving institutional abuse, environmental issues, pharmaceutical and product liability, Crown liability, privacy breaches, and a variety of other systemic issues. She joined Wagners in 2014. Madeleine has a law degree from the Schulich School of Law (2010) and a Master of Law from the University of Cambridge (2014). She is a recip ient of the Right Honourable Paul Martin Sr. Scholarship and was repeatedly recognized by the University of Cambridge for her academic achievements in her graduate work in public international law, including earning the distinction of the highest academic standing in international law. Earlier last year Madeleine was awarded the 2021 Women in Law Award in the category of Canadian personal injury lawyer, awarded by Lawyer Monthly. In her community, Madeleine has been a board member of Alice House, an organization providing second-stage housing and counselling to women leaving domestic violence, and Devour The Food Film Fest, an annual film festival in Wolfville, Nova Scotia. contract, it is rare for both parties to agree to arbitration quickly. "Inevitably, there is a party at that point which is happy to delay things," and not use ADR, acker says. "Turning to arbitration at that point usually happens because there is more of a concern about confidentiality rather than speed," he says. Awad at McInnes Cooper says negotiating arbitration clauses into contracts "is a positive development, as long as they are well draed and both parties are committed to the idea." Still, she says getting parties to agree to arbitration without a contractual obligation can be tricky. "If both parties are being reasonable, they accept that they have a legitimate dispute, and they need an answer quickly, then agreeing to arbitration might be possible," she says. "But if there are other elements, Madeleine's practice involves representing plaintiffs in class actions involving institutional abuse, environmental issues, pharmaceutical and product liability, Crown liability, privacy breaches, and a variety of other systemic issues. She joined Wagners in 2014. Madeleine has a law degree from the Schulich School of Law (2010) and a Master of Law from the University of Cambridge (2014). She is a recip ient of the Right Honourable Paul Martin Sr. Scholarship and was repeatedly recognized by the University of Cambridge for her academic achievements in her graduate work in public international law, including earning the distinction of the highest academic standing in international law. Earlier last year Madeleine was awarded the 2021 Women in Law Award in the category of Canadian personal injury lawyer, awarded by Lawyer Monthly. In her community, Madeleine has been a board member of Alice House, an organization providing second-stage housing and counselling to women leaving domestic violence, and Devour The Food Film Fest, an annual film festival in Wolfville, Nova Scotia.