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62147.04This 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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62147.03This 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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62147.02This 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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62147.01This 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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62147-GPEffective 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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OC-62125Explore the plurality of legal systems and the question of how indigenous laws co-exist with common law, examine cultural biases, and understand how different cultures and experiences can affect legal processes and procedures. This on-demand program was originally presented as an in-person program in September 2019. Total running time is 3 hours, 30 minutes.
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62120.07This paper discusses how the death of a spouse during divorce proceedings can result in unexpected tax liabilities and asset ownership, particularly in relation to Income Tax Act provisions for tax deferral opportunities. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.04This paper highlights some common intersections between immigration law and family law and provides practical tips from an immigration lawyer’s perspective for family lawyers to consider. Topics include spousal and child support obligations, restrictions on sponsorship of family members, custody and access issues, implications of foreign divorce law, marriage fraud, international adoptions, misrepresentation, maintaining permanent resident status, issues for temporary residents, and the value of pursuing citizenship. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62109.04Licensing can be a flexible and effective method for transferring intellectual property rights. This paper reviews the basics of intellectual property licensing. Topics discussed include grant of rights, restrictions of use, responsibilities of the parties to the agreement, compensation structures, representations and warranties, and termination issues. This paper is part of a collection presented at LESA’s Intellectual Property Law for Non-IP Lawyers program in Edmonton on February 5, 2019 and in Calgary on February 12, 2019.
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62109.03This paper provides an introduction to patent law. It reviews what a patent is and the requirements for patent protection: novelty, utility, and inventiveness. It also discusses how to apply for a patent and how to protect patent rights. This paper is part of a collection presented at LESA’s Intellectual Property Law for Non-IP Lawyers program in Edmonton on February 5, 2019 and in Calgary on February 12, 2019.
