APRIL 20, 2011 - NOW OUT! BYPASS COURT, 4th edition

Co-author Christine Hart and I are pleased to announce the 4th edition of BYPASS COURT: A Dispute Resolution Handbook.  Our new edition is 75% bigger than the initial text in 1996, and contains new chapters (authored by Genevieve) on arbitration and complaint-handing & ombuds, plus an epilogue, "Why Dispute Resolution Still Matters To Us".

Table of Contents Download BYPASS COURT Table of Contents

Ordering  Download ORDER BYPASS COURT

Hear extracts 

MAY 16-18, 2011: FORUM OF CANADIAN OMBUDSMAN - Changing demographics, aging, mental capacity and other institutional challenges

My services include contract ombuds work and independent complaint-handling.  At the bi-annual conference of the Forum of Canadian Ombudsman in Vancouver, B.C., I interacted with peers who provide similar services through public and private initiatives such as provincial or university ombuds, workplace ombuds or those with an external (customer) focus.

This year's conference themes included:

  • Changing national and local demographics and the need to re-vision complaint-handling services
  • Understanding the relationship between mental capacity and social vulnerability
  • Eliciting cooperation without being co-opted; and 
  • Compassion fatigue for complaint-handlers

These themes are relevant and applicable to all dispute resolution service providers, including estate mediators. 

MAY 5, 2011: THE FAMILY CONFERENCE - Tackling Aging, Death and Other Taboo Topics

The Estate Mediation Group demonstrated a Family Conference to members of the ADR Institute of Canada on May 5, 2011.  The scenario concerned parents who were beginning their estate planning. They wanted to hear their children's thoughts about 12 acres of land inherited from the grandfather who raised market garden crops. I assumed the role of facilitator at the intake and meeting phases of the conference.

Peer discussion followed and a recurring observation was that the facilitator's interventions helped family members to clarify and focus their thoughts.  It was also agreed that the Family Conference could include professionals such as financial planners, valuators or lawyers. The Family Conference in the demonstration did not include them as it was intended to elicit information from family members and to promote discussion, not to achieve a legally binding estate plan.

For more about the Family Conference, visit www.estatemediatongroup.ca.

 

APRIL 1, 2011 - MEDIATING ESTATE DISPUTES

Estate mediation is a special meeting that brings together those involved in an estate dispute for the express purpose of working out a resolution. I have been working in this specialized context since 2003 and am now a founding member of The Estate Mediation Group.  This is a group of independent, like-minded mediators offering non-partisan services and dedicated to helping people and their professional advisors resolve contested estate matters
and challenging estate planning situations.    

Book an estate mediation: 

 http://www.estatemediationgroup.ca/genevieve_a_chornenki.htm#genevieve

 

JANUARY 1, 2011 - New Year's Greetings

As one year closes and another opens, it is my pleasure and practice to make seasonal donations in honour of clients, colleagues and friends.  I continued this practice in 2010.  

I renewed support for Breaking the Cycle and sponsored Christmas for A and her family.  A is a mother of four young children and receives support from Breaking the  Cycle to address a longstanding addiction  to alcohol and crack cocaine.

I also supported initiatives with an environmental focus -  a donation to maintain the trails at Thomas' Cove Costal Reserve, a special and meditative spot on the Bay of Fundy,  and a subscription to the Shared Dinner Plate Program of a "locavore" business named Culinarium.

For more about these, please see my seasonal letter. 

All the best for 2011.

 Download 2010 SEASONAL GREETING

JUNE 5 & 6, 2010 - ADR IN ATLANTIC CANADA

The promise of fresh lobster and traditional Atlantic Canada hospitality were more than enough to induce me to attend the Annual General Meeting of the Atlantic Region of the ADR Institute of Canada in Halifax, Nova Scotia on June 5 & 6, 2010.  

As a member holding twin designations as Chartered Mediator  (C.Med.) and Chartered Arbitrator (C. Arb.) I was invited to lead the professional development component of the meeting as well as to assist with the assessment of local applicants for the C.Med. designation.  On the morning of June 5th, we shared perspectives on arbitration issues including self-represented parties and the risks and rewards of hybrid mandates like med-arb.  In the afternoon we engaged in dialogue about mediation issues including the relevance and application of "emotional intelligence" to the mediation process. 

The meeting was attended by ADR practitioners from Newfoundland, New Brunswick, Nova Scotia and Prince Edward Island, all of whom actively participated in the discussions.  There was a wide and impressive array of experience, credentials and contexts, including labour arbitrators, family & community mediators, commercial and civil mediators & arbitrators, dispute resolution practitioners working within organizations, and practitioners knowledgeable and experienced in facilitation, organizational development and large group interventions.  Most impressive of all was the courtesy and respect with which participants treated each other, even when their views and perspectives differed. 

A thoroughly enjoyable experience.  And then there was the lobster...

JUNE 24, 2010 - NEW COACHING CREDENTIAL

On June 24, 2010, I was awarded a certificate of completion for the Integral Coaching Foundation and Apprenticeship Module.  This is a five month intensive program  involving a formal, supervised coaching apprenticeship, and I voluntarily took on additional apprenticeship activities to enhance my experience and working knowledge.

As the name suggests, Integral Coaching is an integrated model of coaching intended to bring about long term, personal change.  It engages people in a fascinating process of self-discovery and allows them to evolve new approaches to their topic instead of continuing to down load old patterns, responses and reactions.  Among other things, Integral Coaching combines:

  • Reflection and personal insight
  • One-on-one coaching conversations
  • Customized activities and assignments 
  • Helpful images and metaphors
  • Objective input from a non-partisan coach
  • Opportunities for self-observation
The applications of Integral Coaching are limitless:  to date I have worked with a professional and business clients on topics that are deeply meaningful to them.  

My ultimate goal is to combine coaching with my dispute resolution background in order to help individuals engage in difficult conversations (such as at estate mediations) and gain insight into how they may unwittingly be contributing to ongoing disputes.  If you have feedback or ideas to assist me with this, please do not hesitate to be in touch.

JUNE 1, 2010 - "BUILDING SUCCESSFUL CLIENT RELATIONSHIPS"

On June 1, 2010, the ADR Institute of Ontario and the ADR Section of the Ontario Bar Association held their annual joint meeting.  

A session called "You've Got the Client - How Do You Build A Lasting Relationship?"  addressed three types of ADR work - (i) repeat, short-term, transactional mediations referred by lawyers, (ii) parenting and divorce mediation services purchased by individuals and (iii) contact consulting service contracts for  organizations or dispute resolution programs.  I addressed the third type of work and referred to it as "institutional ADR". 

Institutional ADR  is very different from case-specific mediation or arbitration.  It typically involves multiple stakeholders such as (i) the parties in dispute, (ii) dispute resolution service providers like roster arbitrator, mediators or fact-finders, (iii) program personnel like intake personnel, case administrators or paid program managers, (iv) the company, organization or program that provides the context and infrastructure, and sometimes  (v) the people who funded and/or initiated the dispute resolution initiative.   

The essence of institutional ADR is non-partisan service that calls for a high degree of independence. The practitioner must integrate the needs of all stakeholders rather than responding to the needs of any one group. He or she must serve the program as a whole/ Institutional ADR is also applied ADR in that the practitioner's ADR skill and knowledge are applied to the relevant business or industry context.

In institutional ADR, the practitioner's activities vary according to his or her mandate. Some of the services that I have performed in this area include:      

  • Independently investigating and analyzing complaints about program personnel or independent dispute resolvers
  • Conducting procedural reviews when there is an allegation that an established procedure, policy or process was not complied with or administered fairly.  This could include making a plan, conducting interviews, reviewing relevant documentation, analyzing and preparing a report with recommendation, and working with relevant stakeholders to develop a mutually acceptable way to remedy any substantiated concerns 
  • Identifying recurring or systemic issues that impact the program’s mission, vision or values, and making non-binding recommendations for how to address them such as through education, communication, revised documentation, ameliorated resources or program modifications
  • Supporting dispute resolvers and program personnel in the delivery of neutral dispute resolution services and ensuring that the program’s standards and mandate are followed in accordance with the principles of fairness and natural justice
  • Delivering neutral ombuds services.  

 

JUNE 3, 2010 - ONTARIO'S COMMERCIAL MEDIATION ACT, 2010

The Commercial Mediation Act, 2010 is part a bigger piece of proposed legislation known as The Open For Business Act (Bill 68).  Bill 68 received two readings in the Ontario Legislature and was referred to the Standing Committee on Finance and Economic Affairs on June 3, 2010.

The Commercial Mediation Act is a schedule to Bill 68.  Its stated purpose is "to facilitate the use of mediation to resolve commercial disputes" such as those relating to the supply or exchange of goods or services, distribution agreements, consulting, engineering, banking and insurance.  Mediations mandated by the Superior Court of Justice are excluded.

The Commercial Mediation Act defines mediation as "a collaborative process" where the parties agree that a "neutral person" will assist them in an attempt to reach a settlement of their dispute. The mediator must not have authority to impose a solution to the dispute on the parties, but "may make proposals for settlement of the dispute at any stage of the mediation", presumably on his or her own initiative. 

The proposed legislation imposes a duty on the parties, the mediator and any other person involved in the conduct of the mediation to keep information relating to the mediation confidential.  There are exceptions to confidentiality including where disclosure is required (i) by law, (ii) for the purposes of enforcing a settlement agreement or (iii) to protect the health or safety of any person.

One novel aspect of this proposed legislation is a speedy mechanism to enforce mediated settlements.  A party wishing to do so may apply to the registrar of the Superior Court of Justice for "an order authorizing the registration of the agreement with the court".  Upon registration, the settlement agreement has the same force and effect as if it were a judgment obtained and entered in the Superior Court of Justice on the date of registration.

If and when The Commercial Mediation Act becomes law it will prompt mediators to revise the terms they currently use for mediation mandates.  

If this is of interest to you, be sure to visit www.ontla.on.ca/bills for updates on the status of Bill 68.

DECEMBER 24, 2009 - Season's Greetings

As one year closes and another opens, it is my pleasure and practice to make seasonal donations in honour of clients, colleagues and friends.  I publish my choices in a once-a-year mailing that offers my best wishes for the upcoming year and expresses gratitude for the part each person plays in making the donations possible. 

In 2009, I elected to sponsor Christmas for V and her family.  What is exceptional about V is that a little over a year ago she was wrestling with an alcohol and cocaine addiction, pregnant and living in a shelter.  By persevering with a program called Breaking the Cycle, V has stabilized her life, given birth to a healthy child and reunited with her other two children. What an achievement.

I also continued my support of Operation Eyesight Universal through blindness prevention efforts which are one of my personal priorities.

For more about Breaking the Cycle and Operation Eyesight, please see my seasonal letter. 

All the best for 2010.

Download SEASONAL GREETING

NOVEMBER 23, 2009 – STU WEBB, COLLABORATIVE PRACTICE FOUNDER IN TORONTO

On November 23, 2009 Collaborative Practice Toronto held its annual general meeting and dinner at the Drake Hotel in Toronto.  The group welcomed guests and new members who are interested in applying Collaborative Practice to estates disputes (see entry for November 11, 2009).  Lawyers, accountants, mediators, social workers and other professionals attended.

The guest of honour was Stu Webb, the founder of Collaborative Practice, who flew to Toronto from his home in Minneapolis, Minnesota.  A short documentary was shown that traced the personal life of Stu Webb together with the origin and development of Collaborative Practice. After that, he spoke informally and invited input from the group.

To me the most significant aspect of the evening was learning that Collaborative Practice  - a concept which has gained enthusiastic adherents across North America and  Europe (and will shortly be introduced to South Africa)  - began twenty years ago in the mind of this one man.

Stu Webb imagined a different approach to something, in this case the handling of marriage breakdown.  Then he committed his ideas to paper in the form of a few typewritten lines.  And after that he simply put one foot in front of the other, inviting others to experiment with him and learning as he went.   His notion of Collaborative Practice incrementally became a reality and continues to evolve today.  

 For more biographical information on Stuart G. Webb visit his page at http://www.divorcenet.com/Members/swebb  

 For an abbreviated real time view of Stu Webb and the genesis of Collaborative Practice see http://www.cuttingedgelaw.com/video/video-stu-webb-godfather-collaborative-law

NOVEMBER 11, 2009 - ESTATES DISPUTES & COLLABORATIVE PRACTICE

 Collaborative Practice is an out-of-court alternative for resolving disputes that has been gaining momentum in North America and elsewhere in the world since 1990. 

The disputing individuals and their lawyers make a commitment to negotiate with each other in a way that is principled, dignified and respectful.  They jointly participate in one or more meetings to come to an equitable settlement that meets the needs of everyone involved.  This team approach can involve other appropriate experts like financial planners and accountants or members of helping professions like coaches and social workers.

 In Toronto, Collaborative Practice is being seriously consideration for estates disputes at the present time.  As a mediator who has worked with individuals and lawyers involved in such disputes, I heartily applaud this initiative because I have seen how much stress and cost these involve. 

 An ad hoc committee entitled the Collaborative Estates Working Committee established itself this past summer and one of its members, Darren G. Lund, was able to arrange for his firm Blake, Cassels & Graydon LLP to sponsor a reception on November 11, 2009.  Interested members of the estates bar as well as many ADR practitioners attended.  Over fifty people expressed an interest in collaborative practice training.   

Also present on November 11th were members of Collaborative Practice Toronto (CPT), an established community of professionals working together to promote respectful conflict resolution for families through Collaborative Practice. CPT invited estates practitioners to its annual general meeting on November 23, 2009 and offered to be of assistance to the group.

 The informal working committee has much to do going forward.  In particular, it has determine how to adapt the collaborative practice model from its current application in the area of marriage breakdown to a civil application for estates disputes which are frequently multi-party and can involve institutional as well as individual clients. 

 For information about Collaborative Practice Toronto visit http://www.collaborativepracticetoronto.com/index.php

 For information about the International Academy of Collaborative Professionals visit

http://www.collaborativepractice.com/

 

 

 

NOVEMBER 10, 2009 - MANDATORY MEDIATION: DECLINE IN ROSTER MEDIATIONS

On November 10, 2009 I delivered the following information at a workshop that was webcast out of Toronto and called Practice Gems: Managing Mediation – What You Need to Succeed.

 

-      Ontario’s Mandatory Mediation Program started as a pilot project in 1999 and became a permanent feature of Ontario’s civil justice system on July 3, 2001.  It requires individuals, businesses and estates involved in lawsuits in Ottawa, Toronto and Windsor to participate in mediation before trial.  If a voluntary mediation does not occur, the program appoints a mediator from a roster who must convene the parties (willing or not) and hold a 3-hour mediation at a fixed rate.

-      In the last four years the number of mediations conducted in Ontario by roster mediators has declined.  In 2008-2009 the numbers were 65% of what they had been in 2005-2006.

-      The numbers of cases conduced by appointed (as opposed to chosen) roster mediators have also declined.  In 2005-2006, appointed mediators did 20% of mediations conducted by roster mediators, whereas chosen mediators did 80%. By 2008-2009 the percentage of appointed mediators had dropped to 2.5%.  This indicates that more lawyers are taking the initiative in arranging mandatory mediations.

-      In 2008-2009 there were 2,960 mediations conducted by roster mediators representing at least $1 ¾ million of business shared among the roughly 250 roster mediators.  It is not possible to say what percentage this represents of total mediations in Ontario because there are many untracked mediations occurring with non-roster mediators daily.  Perhaps at some point in the future, collecting and analyzing such data will be an attractive option for a candidate with the Masters of Law in ADR program at Osgoode Hall Law School.

 

To obtain a copy of the written materials for this workshop, contact cle@lsuc.on.ca and ask for ISBN 978-1-897362-74-7.

JUNE 2009 - GENEVIEVE MADE CHARTERED ARBITRATOR

Effective June 10, 2009, I received a professional designation called Chartered Arbitrator from the ADR Institute of Canada.  This designation complements the Chartered Mediator designation which I have held since 1995.  18 people in Ontario have both designations.

The C.Arb. recognizes a generalist competence in arbitration, a dispute resolution process where an arms-length person makes a binding decision after listening to both sides of a dispute.  The C.Med. recognizes a generalist competence in mediation, where the arms-length person helps disputants come to their own resolution rather than deciding the dispute for them.  I provide both services as part of my overall commitment to dispute resolution.

Applicants for C.Med. and C.Arb. must meet criteria for education, practical experience and skills.  In the case of the C.Arb., this includes a review of actual arbitration awards minus identifying information. Mine related to a partnership dispute, a price negotiation, and a quality of service disagreement.

The ADR Institute of Canada (ADR Canada) is a national non-profit organization that develops and promotes of dispute resolution services in Canada and internationally. 

For more information visit www.adrcanda.ca.

2009 JOINT OMBUDS CONFERENCE (April 15 -18, 2009)

This conference was co-hosted by the Forum of Canadian Ombuds in Montreal, Canada and pertained to my work as an organizational Ombuds.

·       1713  (Sweden) Office of the Supreme Ombudsman established 

·       1809  (Sweden)  Parliamentary Ombudsman Office opens 

·       2009  (World wide) Many different Ombuds models exist including ones for:

-       Citizens of a province or city, i.e. City of Toronto

-       Taxpayers, i.e. Government of Canada

-       Employees or contractors, i.e. Société des Alcools du Québec; Coca-Cola Bottling Company

-       Customers or clients, i.e. Royal Bank of Canada; Tarion Warranty Corporation

-       Students & faculty, i.e. University of Victoria; Fanshawe College

·       Beyond 2009 – More complex & sophisticated models are needed.  Professor Gilles Pacquet, University of Ottawa, Ottawa, Canada maintains that:

-       “David and Goliath” is an incomplete and antiquated premise for Ombuds services

-       The idea of defending the little citizen against big Government is passing

-       Power, resources and information are dispersed so the focus should be governance

-        “No one is really in charge” anymore!

OF 2009 NEW YEAR'S GREETINGS & DARFUR STOVES

As one year closes and another opens, it is my pleasure and practice to make seasonal donations in honour of clients, colleagues and friends.  I publish my choices in a once-a-year mailing that offers my best wishes for the upcoming year and expresses gratitude for the part each person plays in making the donations possible.  The item that attracted the most attention this year was the Berkeley-Darfur Stove, a simple, fuel-efficient design that cuts down on the time that unprotected women and young girls need to spend in search of firewood.  One person wrote to say that he was also inspired to purchase a stove.


Here is the text of my New Year's letter Download Download SEASONAL GREETING
To learn more about Darfur stoves please visit www.darfurstoves.org. 

INFLUENTIAL BOOKS - 2008

They may not have been published in 2008 and they don't directly relate to conflict management, but they did make their way to the top of my book stack in 2008.  Most informative and influential:

  • The Omnivore's Dilemma (ISBN 1-59420-082-3) and In Defense of Food (ISBN 978-1-59420-145-5) by Michael Pollan
  • Animal, Vegetable, Miracle (ISBN 10-00-06-085255-0) by Barbara Kingsolver & family 
  • The Hundred Mile Diet (ISBN 978-0-679-31482-0) by Alisa SMith and J.B. MacKinnon
These thoughtful books discuss the social implications of contemporary agriculture and industrial food. For a 2009 sequel, consider Food Matters by Mark Bittman.

WOMEN AS MEDIATORS - November 6,2008

On November 6, 2008 I took part in The Great Debate, a light-hearted, annual event of the Alternative Dispute Resolution Section of the Ontario Bar Association.  The topic was provocative, Resolved that women make better mediators, and the format was that of a conventional debate.  I was on the negative side with my friend and colleague, Gary Furlong.  Our "opponents" were other seasoned mediators, Leslie MacLeod and Cliff Hendler.

Gary and I were unable to find any empirical evidence supporting the proposition that women are better mediators, although I did refer to research correlating personality type and how people respond to conflict.  The personality-type research reinforced our contention that superiority in mediation cannot be assigned to men or women because a good mediator has to respond to a broad range of people, problems and circumstances, and the competencies to do so can be acquired with practice.

The truth is that no one took the proposition seriously, and an audio of the evening (available at www.oba.org) shows that the event was light-hearted and fun.  A week later, however, another colleague forwarded this link http://cobbmediation.wordpress.com/2008/11/11correlation-of-mediator-gender-to-settlement-rate . So perhaps the debate lives on in the minds of some...

CONFERENCE OF ONTARIO BOARDS & AGENCIES: PREPARING FOR MEDIATION - November 6, 2008

It was an honour to be invited to present a workshop on Preparing for Mediation for the 2008 Conference of Ontario Boards and Agencies, particularly since I have a longstanding interest in the differences between public interest and private interest mediation.  The workshop included What a Tribunal Mediator Brings to the Table and How to Uncover Interests as well as a selection of public interest scenarios.


See a sample handout Download HOW TO UNCOVER INTERESTS
See how participants rated me Download COBA RATINGS

Emerging Joseph Campbell Roundtable - April 30, 2008

This emerging discussion group will reconvene on Wednesday, April 30, 2008 at 7pm to view and discuss "The Hero's Journey", a biographical portrait of Joseph Campbell.  See below for details.

Continue reading "Emerging Joseph Campbell Roundtable - April 30, 2008" »

"Seeing" Results - March 11, 2008

At the end of 2007 one of my annual donations was to Operation Eyesight Universal (OEU)on behalf of clients, colleagues and friends.  My selection criteria were the relief of human suffering without regard for personal or group characteristics and the ability to make a tangible difference in the life of an identifiable human being.

Today I learned the name, age and location of 26 individuals who now can see as a result of this donation.  Thirteen men and thirteen women had their sight restored through cataract surgery and the insertion of an intra-ocular lens.  The youngest was a 30 year old man from Orissa and the eldest was a 78 year old woman from Kerala.  Since 80% of our sensory input comes from sight, this surgery is bound to make a profound, practical difference in their work and family lives.   Thank you to everyone who made this possible.

Sample OEU patient cards Download oeu_patient_card_1.pdf  Download oeu_patient_card_2.pdf

My 2007/2008 Seasonal Donation Letter Download seasonal_greeting.pdf

Visit OEU Operation Eyesight Universal

Next »