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  • Board dysfunction may operate at different levels and be multifactorial. Sources of such dysfunction may be systemic to the organization, the result of human behaviours, or a combination of both. This paper identifies potential causes of board dysfunction and offers some suggestions for addressing the problems. This paper was presented at LESA’s Board Governance for Not-for-Profit Organizations webinar on February 9, 2021.
  • Lawyers, like other professionals, are often asked to participate on non-profit boards, which often involves providing that board with the presumed legal skills and legal guidance for board governance. This paper examines legal and governance structures of not-for-profit organizations. It further explores legal duties and obligations, potential liability (and how to avoid it), and key considerations for bylaws. This paper was presented at LESA’s Board Governance for Not-for-Profit Organizations webinar on February 2, 2021.
  • This program offered an overview of negotiable agreement points, the due diligence process, severance issues, what financial statements say about a target company, tax concerns, and what public corporations look for when acquiring privately held corporations.
  • This program explored common contract clauses, developments in contract law, key cases, and implications for your practice.
  • This program tackled common issues and questions that arise in the purchase or sale of a private business – including pre-transaction considerations, structuring hybrid asset/share deals, and potential tax implications.
  • This program reviewed the process of obtaining registered charitable status, the appropriate organizational structures, directors' duties and liabilities, as well as new tax and legal issues affecting not-for-profit organizations and charities.
  • This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • Effective September 1, 2019, the Court of Queen’s Bench lifted the suspension of mandatory ADR. Now lawyers seeking quick resolution of disputes must consider alternative methods. Revisit various forms of ADR and develop strategies to enhance your use of them.