Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A R C H 2 0 1 7 9 "Cases can be dealt with within three months if settlements are reached, instead of six months or more if it goes to trial, depending on the dis- trict. People always hear about delays in our courts, so it's nice to report on something positive." In addition to improving access to justice and improving public confidence in the judicial system, Judge Audet said settlement conferences are more humane and more intellectually stimulating for everyone involved. "In many cases, you see parties with crossed arms and angry looks at the beginning, and at the end they shake hands and leave as good neighbours again," said Judge Audet. "I sometimes tell them to share a good bottle of wine and celebrate a decision that restores social peace and harmony." Though she has only been involved in two cases that used settlement conferences — one involving a claim against a real estate broker, the other a claim made by a purchaser over hidden defects — lawyer Joanie Proteau is a big fan of the reform. "It worked perfectly in both cases," said Proteau, who practises in Langlois's Quebec City office, where she is a mem- ber of the firm's insurance law group. "I found it much more thorough because we discuss every step of the file with the judge beforehand rather than afterwards." Proteau said she also enjoyed the more positive and convivial tone that a settlement conference elicits among lawyers. "It's much less adversarial," she said. "Both sides are trying to find a solution. That means more settlements and fewer trials." For veteran Montreal civil and com- mercial litigation lawyer Michael Worsoff, settlement conferences "work well" in civil cases where parties want to arbitrate because it can be faster and cheaper. "The case management aspect is very good because judges can shorten issues and expedite," said Worsoff, who has pleaded before the civil courts in Que- bec since 1968 and acts as a mediator and arbitrator in private disputes. A longstanding member of the arbi- tration committee of the Bar of Montre- al, which has organized a highly popular annual roundtable on participative justice for the past decade, Worsoff also likes the five-hour limit the new code sets on dis- covery to find parties' positions. "It used to go on for days," he said. Though a proponent of ADR in all its forms, Worsoff thinks that a settle- ment conference is more suited for cases involving individuals and smaller amounts of money that are usually heard at the provincial court level. He also believes the new code's voluntary nature is a brake on more widespread use. "It hasn't really changed things much because no one seems to know yet what the new interpretation is," he said. "It's sort of business as usual for now. But that will likely change over time." — MARK CARDWELL \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP Leader in distance and online legal education. OsgoodePD is home to the largest Professional LLM program in Canada w a 14 specializations. OsgoodePD has a large breadth and depth CPD programs: over 100 programs yearly, offered in-person y online, covering legal topics in over 40 practice areas, includin over 25 certificates in fields ranging from adjudication, procurement and mental health law to mediation. Faculty are osgoode.yorku.ca/makehistory Shaping the future of legal education since 1889. Osgoode is the first and only law school to have a professional development centre. Osgoode Professional Development has been part of the learning journey for over 50,000 lawyers, executives and other professionals worldwide. Find out more about our programs, our people and our passion for legal education. ntitled-5 1 2017-02-09 3:00 PM

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