Canadian Lawyer

44 A U G U S T 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m trator in Brampton, Ont., hopes good results in B.C. will lead to ODR for condo disputes in Ontario. "We can look at tech to do what we do now more efficiently or we can look at it to do things completely differently and that is what we need to do," says British legal futurist Richard Susskind. "For a gov- ernment to get into ODR is a sea change. It makes people look at it." While the private sector offers ADR services, the gravitas of a government- sponsored process is invaluable, especially to the general public, says Susskind. It's tangible and enforceable. "As a lawyer, I have to say we haven't progressed to the degree of other professions like doctors," Brannigan says. "Put a doctor from 1970 into an operating room today and they would be amazed. But if you brought a lawyer from 1870 into a court- room they would be pretty comfortable." The legal community for the most part remains suspicious for a variety of reasons: comfort zones, revenues, and whether their clients are best served by an ODR process that limits what they can bring to the table, he says. "The flipside to this, as we see ODR take root, is we're going to see more disputes." Whereas the existing process is too expensive, an accessible and affordable process will attract more litigants with more disputes; such is the nature of the beast. Toronto lawyer Marvin J. Huberman, an arbitrator and litigator, says: "Some also argue there are segments of the popu- lation, the poor, those who don't speak English well, are unedu- cated, or even the elderly who don't know how to use the com- puter, while others say the learn- ing curve isn't steep and it can be done. The key issue for me is what cases are appropriate. ADR really means 'appropriate dispute resolution.'" Matching the process to the dispute is the key, he says. "I go by the three Ps. We have the people, the problem, the nature of the dispute, and the process, whether it's mediation, negotiation, arbitration, or litigation. Then there are hybrids such as med-arb, which might work in a particular case." Technology provides an ever-more sophisti- cated means of communication and interaction, he notes, so it's easy to tailor an online process accordingly. Meanwhile, video conferencing either through Skype or other services is already being called into play in arbitration cases where witnesses can't get to a hearing, so there is a natural progression and it is less of a leap, says Huberman. eBay, for example, resolves mil- lions of cases between vendors and buyers using an ODR process. L E G A L R E P O RT \ A D R WE HAVE TO GIVE PEOPLE A WAY TO RESOLVE THESE ISSUES. BECAUSE MOST OF THEM NEVER GO TO COURT, WE HAVE NO IDEA HOW MANY WE WILL GET. ULTIMATELY, IT COULD BE 15,000 TO 20,000 CASES A YEAR. SHANNON SALTER, B.C. Civil Resolution Tribunal What do your clients need? The means to move on. Guaranteed ™ . Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES Untitled-1 1 13-09-16 2:53 PM With Canadian Law List 2016 you have access to: • an up-to-date alphabetical listing of more than 80,000 barristers, solicitors and Quebec notaries, corporate counsel, law fi rms and judges across Canada • all contact information supplied for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown Corporations • legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid and other important law-related offi ces Hardbound • Published February each year L88804-765 • On subscription $169* • One time purchase $188* Multiple copy discounts available * Plus shipping/handling and applicable taxes ORDER YOUR COPY TODAY! Call 1.800.387.5164 or visit www.carswell.com This is more than a phone book. It is your instant connection to Canada's legal network. Untitled-5 1 2016-07-11 11:50 AM

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