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.

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.

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.

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.