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This paper outlines major trial preparation steps that typically involve paralegals and identifies strategies, recommendations, and best practices for each major step. Discussion focuses on 4 main areas: (1) major preparatory steps regarding book of exhibits, agreed statement of facts, and preparing transcripts; (2) trial deadlines regarding trial readiness, witnesses, and e-trial; (3) best practices for working with experts; and (4) general strategies of preparing for a successful trial.
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This paper addresses the obligations parties have under the Rules of Court in complex litigation cases and examines some ways to manage those obligations. Topics include preparation and modification of a litigation plan, document production, maintaining and organizing the file, expert witnesses, judicial assistance managing the proceedings, and mediation.
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This paper discusses legal writing in general and pleadings, affidavits, and briefs in particular. It both offers suggestions to improve legal writing (including a useful dos and don’ts summary chart) and explains the formal requirements for pleadings, affidavits, and briefs under the Rules of Court and Practice Notes.
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This paper examines 6 major categories of deadlines that civil litigation lawyers typically deal with and discusses various aspects of the process for assessing, diarizing, and entering limitations. The 6 categories discussed are commencing proceedings, serving a claim, responding to claims and amending pleadings, third party claims, affidavits of records, and advancement of actions (such as inexcusable or inordinate delays and the drop-dead rule).
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Legal support staff are often tasked with managing complex civil litigation files. Discover tips for keeping files organized, strategies for handling complex matters, and explore key dos and don’ts, so you can enhance your confidence and competence.
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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.
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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.
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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.
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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.
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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.
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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.
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Develop confidence and competence in handling Provincial Court civil matters. Explore civil procedure and court rules. Learn practical tips and develop strategies to efficiently move matters along.
