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62460.02The use of experts in legal cases can raise serious concerns about access to justice, fairness, and procedural efficiency. This paper discusses the role of using expert evidence in law, the disconnect between the law and the field of science, and whether and how expert evidence should be used. This paper was presented at LESA’s Qualifying Experts in Court and ADR webinar on September 12, 2024.
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OC-62460This presentation explores considerations for when involvement of an expert in court or ADR proceedings is helpful, how to differentiate between genuine expertise and ‘pseudo-experts’, and strategies for evaluating and challenging an expert’s level of expertise during qualifying processes. This on-demand program was originally broadcasted as a live webinar on September 12, 2024. Total running time is 1 hour, 2minutes.
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OC-62305-03It is important to present an oral argument in a way that will help the judge solve the problem. This presentation explores essential elements of effective advocacy when attending morning chambers, attending special chambers, appearing on an ex parte application, or appearing on a complex or lengthy application. It further discusses important items a judge considers when making a decision. This on-demand program also includes 6 demonstrations that provide examples of effective and less than effective chambers advocacy. This on-demand program was originally presented as an in-person program on February 10, 2023 as part of our Effective Chambers Advocacy Program. The total running time for each presentation ranges between 13 minutes to 2 hours, 12 minutes.
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62259.06This paper provides case summaries of three cases: Association de médiation familiale du Québec v Bouvier, Mew v Mew, and Smith v Smith. It also includes some practical tips to deal with the question, “Should I cement or cool off at the end of a day of negotiation?”. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022
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62259.05Negotiation is the most common process for the resolution of family law conflict. This paper explores the natural tension in negotiation theory behind interest-based, rights-based, and competitive-based negotiations. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.
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OC-62259-3This on-demand presentation provides case summaries of three cases: Association de médiation familiale du Québec v Bouvier, Mew v Mew, and Smith v Smith. It also includes some practical tips to deal with the question, “Should I cement or cool off at the end of a day of negotiation?”. This on-demand program was originally presented as an in-person session on June 14, 2022, as part of our Advanced Negotiation Techniques for Family Lawyers program. Total running time is 40 minutes.
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OC-62259-1This on-demand presentation explores the natural tension between interest-based, rights-based, and competitive-based negotiations. When the practice of negotiation and the theory of these negotiation methodologies are placed in its proper context, a compromise exists in this tension and practical strategies between the two methodologies can emerge. This on-demand program was originally presented as an in-person session on June 14, 2022, as part of our Advanced Negotiation Techniques for Family Lawyers program. Total running time is 44 minutes.
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OC-62212In this 10-part on-demand series, seasoned practitioners share their knowledge and experience on topics including the business of law, questioning, how to prove facts, admitting evidence at trial, effective advocacy, and mediation in an online world. This on-demand series was originally broadcasted as webinars from January - April, 2021. Each session is approximately 1 hour. Each part in this series is available for individual purchase.
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OC-62212-3Since the start of the global pandemic, we have seen a significant amount of change and have adapted to new ways of working virtually. Our presenter, Brad Mustard, discusses the process of online mediations. This on-demand program was originally broadcasted as a webinar as part of our Civil Litigation Series on January 28, 2021. Total running time is 1 hour, 4 minutes.
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62147.05This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62120.12This paper examines mediation/arbitration process design options and considerations. It discusses common issues, such as confidentiality, caucusing during mediation, fulfilling the dual role of mediator/arbitrator, and informed consent. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62054.02This paper discusses strategies and techniques for negotiations. It begins with an overview of negotiation theory, and then discusses obstacles that are commonly encountered during negotiations, such as communication barriers. It also identifies tips for responding to a break down in trust, and provides a discussion of calculus based trust, interest based trust, and attribution theory. As well, the paper considers competitive versus cooperative techniques in negotiations, and discusses strategies for understanding and controlling emotions during tense negotiations. This paper is part of a collection presented at LESA’s 2017 Negotiations Fundamentals program.
