We all know how COVID has changed our work life and litigation, now, with some hope of a mask-less society on the horizon, what can we expect once more restrictions are lifted? Will we go back to the office? Will we continue to stay home? Will we attempt a hybrid work/lifestyle? How will our post-COVID work life look like and what have we learned from our COVID work-life experience?

Access to Justice is the foundation of the administration of justice in most parts of the world. It means many things to all stakeholders involved – a society in general, government, parties in dispute, the legal profession and our courts. As recently stated (2018) by the Right Honourable Richard Wagner, P.C. – Chief Justice of Canada – “ … Ultimately, it is about getting good justice for everyone, not perfect justice for a lucky few. It’s a democratic issue. It’s a human rights issue – It’s even an economic issue … “.

Until recently, the delivery of acceptable Access to Justice was the exclusive domain of our courts and traditional litigation. Over the past decade, in particular, private dispute resolution has emerged in Canada, the United States, the U. K. and elsewhere as a significant parallel system to traditional litigation. With this shift comes a concurrent responsibility for lawyers and professionals serving as mediators to appreciate and discharge our work to a standard that not only maintains but indeed enhances Access to Justice for all.

The exploding demand for and use of private dispute resolution services, while encouraging, has also revealed less than optimum understanding and utilization of these dispute resolution platforms by counsel, clients, mediators and arbitrators.

On its face, the streets and the corporate boardroom seem like two different worlds. Yet both can be rife with conflict and are bound by rules of civility, engagement and accountability. The instinct to survive is innate to both. Situational awareness and adaptation are key influencers on one's ability to achieve the desired outcome. Join our conversation as we explore how these two worlds share more commonalities than differences- and how leveraging effective methods of communication and conflict resolution skills are common denominators to succeeding in both environments.

Learn how to apply social psychology to litigation or settlement.

Mediation is more than the transfer of cases from the courtroom to the conference table. It requires a change in the mindset of attorneys from advocates, trained to impeach and defeat their opponent, to peacemakers, whose goal is to find common ground and peaceful resolution among the parties. Mediators are trained to be problem-solvers, harmonizers, and peacemakers, the healers – not the promoters – of conflict. Indeed, mediation is the highest calling in the legal profession because it places lawyers on the pedestal with the other healing ministries.

The Anatomy of an ADA Accessibility Lawsuit

Helping mediators assess the claims and defenses made by opposing parties in an accessibility lawsuit brought under the Americans with Disabilities Act.

advanced issues in the virtual world with Susan Guthrie

For almost a year now, since the beginning of the pandemic, the legal and dispute resolution fields have been transitioning online. While many practitioners have mastered the basics of videoconferencing and online meetings, there remain a number of nuances and practicalities that deserve deeper instruction. This one-hour webinar will take a look at the more advanced challenges that professionals may face as they continue to practice in a virtual world.

Will Work For Food is happy to present, Mastering Virtual Presence and Communication.

This presentation will include a brief discussion of what presence means and what changes in a virtual setting. We will cover the tenets of sending a strong first impression as well as maintaining your energy, focus and presence as you enter a video call, and throughout.

Marc Harwell presents: The 12 Pillars of Mediation for The New Possibilities Hour

Maximize the opportunity to achieve compromise through this reminder of 12 fundamental factors that should be in play at your mediation.

Ava Abramowitz suggests we can make more progress in understanding how disputes settle if we look to other fields, such as sales, that have faced similar challenges in determining what makes a person effective in their field. In particular, she will explore the discoveries of researchers at Huthwaite Incorporated in America and Huthwaite International in England on negotiation, communication, and sales – and show how that research can be applied effectively in the negotiation and mediation setting.

Negotiations continue transform - from traditional in-person meetings to the rise of Zoom during the COVID-19 pandemic to an exciting future. Mediations and arbitrations will continue to evolve as virtual reality, artificial intelligence, and blockchain grow in popularity. These new technologies will shape how we create new conflict and resolve those disputes.

The common phrase, practice makes perfect, suggests that experience determines competence. Experience alone does not produce competence. Repetition leads to acting on auto pilot. Mastery is achieved when we use our experiences as learning opportunities.

Most of us work in a bubble. With notable exceptions, we seldom solicit, or receive, feedback. As a result, we have little if any basis for understanding whether and why our efforts were effective and responsive.

There are limited opportunities for collegial support and input. Most of us are solitary beasts, prowling the savannahs of conflict, not part of a pack (or practice group).

Professional development sessions are communal learning experiences where the objectives are: learning about new skills and strategies, or gaining knowledge about theory or research. There are limited opportunities to gain feedback on the use of new techniques or to test our understanding of the ideas presented.

In this webinar, participants will learn the practical, real-world benefits of reflective practice, and how they help improve competence, effectiveness and efficiency.

Tim Pratt will rely on his vast experience as a trial lawyer, mass tort litigation expert, and client to discuss how a CEO, CFO and General Counsel view issues such as mediating over litigating, the timing of mediation, who should attend on behalf of the company, what strategies maximize the chances of success and, of all the mediators out there, how to find the one who matches best the needs and interests of a Corporate client.

Mediation as a Profession presented by: Jason Harper, VP of MC3

With the advent of COVID, more and more disputes are being resolved through mediation. However, as mediations become more prevalent, the practice of mediation is still listed as a field in the United States instead of a profession. We are going to talk about the efforts that are taking place to “professionalize the field” and put mediation in its rightful place as a legitimate, recognized method of dispute resolution.

Trade secret cases are the messy divorces of the business world, and lawyers can get great outcomes by smart use of facilitated mediation. This presentation will focus on the unique circumstances and dynamics of trade secret disputes. Whether company to company or departing employee, they all can be settled.