EDITOR'S BOX By Gail J. Cohen INHOUSE
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www.canadianlawyermag.com/inhouse A new attitude I
n this month's issue of Canadian Lawyer InHouse, we have our first roundtable on e-discovery, which seems to be an area that continues
to grow and grow. We gathered togeth- er a fantastic panel of experts from Ontario Superior Court Justice Colin L. Campbell to in-house counsel Laurie MacFarlane from the CIBC Legal Department and Melanie Schweizer of Bell Canada to private practitioners Alan D'Silva, a partner at Stikeman Elliott LLP, and Kelly Friedman, a part- ner at Ogilvy Renault LLP and also chairwoman of Sedona Canada. Each brought a different perspec-
tive to the table, which made for lively and varied discussion. A couple of themes left a strong impression with me. First of all, the idea of a new atti- tude for lawyers involved in litigation to more of a planning mode than sim- ply reacting to a crisis. That includes a more co-operative relationship such as meeting with the other side early on to devise an e-discovery strategy but also for in-house counsel and their legal advisers to plan ahead in terms of having document-retention strategies and such as a matter of course instead of only thinking about it once a lawsuit rears its head. Perhaps the most intriguing idea
that came up was that of a new "media- tive process." As described by Justice Campbell: "I think if I look forward five years, if there isn't a private enter- prise group that does this, the courts are going to have to assist in what I call a mediative process to drive consensus
at an early stage, because we can well see that, as we move from this area that has been adversarial to a more co- operative area, you need some neutral assistance to drive a consensus and perhaps agreement." Friedman agrees that a special parties-pay, master-type system is not far off and all in the aim of both sides getting closer to the heart of the matter without it costing the earth, so to speak. It will be interest- ing to see if their predictions come to pass.
The theme of this edition is inter-
national law and our cover story takes a look at one of the biggest issues that companies face in setting up in devel- oping nations: getting locals onside. Many Canadian companies, especially those in the natural resource sector, have faced the wrath of local and com- munity groups over projects that they claim have damaged lives or properties one way or another. "Doing it right" looks at the role corporate legal depart- ments and their advisers can play in creating positive relationships so both the companies and communities ben- efit in the long run. On the news front, InHouse wel-
comes new editor Andi Balla, who has recently come on board and takes the helm starting with the next issue. An experienced business journalist and editor, Andi's work has appeared in the print or online editions of the New York Sun, the New York Daily News, and the Toronto Star, to name a few. He is a graduate of Columbia University's Journalism School. IH
Send your news and story ideas to aballa@clbmedia.ca
INHOUSE JUNE 2010 • 3
