Mediation and Arbitration: Shielding Neutrality


Author: Tayla Ashmore and Miranda Asselstine

This paper reviews the role of a legal assistant or paralegal during mediation or arbitration, considering issues from both the intake and requesting perspective. The paper focuses on how assistants play a role in helping the lawyer they work with maintain the impartiality and neutrality they are required to maintain as a mediator or arbitrator.

The paper discusses pre-, during-, and post- mediation/arbitration concerns, including information collection, conflicts, scheduling, sending formal correspondence and documentation, and more. Materials include quick reference checklists and a sample booking sheet precedent.

This paper is part of a collection presented at LESA’s Advanced Family Law Issues for Paralegals program in Edmonton on January 16, 2020 and in Calgary on January 23, 2020.

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