September always brings a change, as leaves turn color, days grow shorter, and learners of all ages find themselves saying goodbye to summer and heading back to the classroom. Here at LESA, as summer quickly fades into the rearview mirror, we are gearing up for another year of CPD with an exciting lineup of fall programs. With nine programs scheduled for September, there are options for remote learning as well as in-person attendance, and we are especially excited to be hitting the road on September 25 when we head out for the Arbitrations program in Lethbridge with Krysta Ostwald KC, Lane Aman, John-Paul Boyd KC, and Jessica Lykpie.
When we asked Krysta (the program chair) why people should consider attending this program, she pointed out that, because the court system is overwhelmed and court processes are time consuming, arbitration is an “important dispute resolution alternative … [and] seeking specialized expertise elsewhere [outside of court] is a huge advantage, worthy of serious consideration on every matter.”
This Arbitrations program will walk attendees through the entire arbitration process, outlining both the arbitrator’s and counsel’s obligations. It will discuss process selection considerations, evidence preparation, award drafting, advising clients, and post-award issues and decision making.
Lane put it this way, when we asked how LESA programs can support a growing law practice and how this Arbitrations program, in particular, will be valuable to those who attend:
LESA is good at pulling together amazing practitioners who are generous with their time and experience. Even lawyers with strong mentorship inside their own firms can get something out of hearing how people outside their circle approach the same problems and get fresh perspectives. I take something useful back into my own practice from almost every session I attend.
This Arbitrations program, in particular, gives you a window into how two very experienced arbitrators actually think. We’ll cover counsel’s obligations and the arbitrator’s obligations, evidence in arbitration, and even how an award gets drafted. That’s useful if you’re an aspiring or current arbitrator, but it’s just as useful for counsel entering their next arbitration. Understanding the process from entering the arbitration agreement, through process directions, to assessing appeal rights sets you up to advise clients well at every stage, not just the parts you’ve personally litigated before.
So whether you are acting as counsel guiding clients through arbitrated proceedings or whether you are building your practice as an arbitrator, this program is sure to provide an insightful, well-rounded view of the arbitrations process as it draws on the wealth of practice experience brought by Krysta and John-Paul as well as the perspectives and insights that Lane and Jessica bring as counsel who have more recently launched their legal careers in the last few years.
We spoke with these four presenters last month to find out a bit more about each of them and the upcoming Arbitrations program. While Krysta jokes that a “lack of creativity” and a family full people who “simply just cannot think for themselves” led her (and her sisters and son) to follow her father into a career in law, it’s really a desire to help others that motivates these panelists, both in their practice and volunteerism.
Krysta noted that as a “neutral mediator/arbitrator it is very rewarding to watch people create their own solutions and know they have avoided the courtroom.” Similarly, Jessica told us how she decided to make a career shift from pastry chef (yum!) to follow the family tradition of practicing law and pursue a career as a mediator because she wanted to help people “resolve their issues on their own terms and outside of court.” As she said, “It was the idea that I could take a tangled mess of facts and work with people to separate all the issues and try to reach a resolution that really spoke to me.”
John-Paul picked up a similar thread when we asked what he most enjoys about his work as a family law lawyer: “Firstly, and most importantly, it gives me the opportunity to provide meaningful and substantive help to people at a time of profound crisis. Secondly, it is an incredibly complex area of law that requires constant learning and an understanding of many other areas of the law.”
It is that constant need to learn that John-Paul described when we asked what advice he would share with colleagues who are thinking about getting into arbitration practice:
It’s critically important that you make the effort to track down and take high-quality, comprehensive training in arbitration, preferably training specific to the area of law in which you intend to practice. Working as an arbitrator requires a deep understanding of the Arbitration Act, as well as of a legion of ethical and practice points that are often subtle and at times obscure.
While this particular Arbitrations program draws on family law examples and case studies, the principles discussed also apply to arbitration in other legal contexts and practice areas. Unlike most of LESA’s seminars, this program is offered as an in-person program only (it will not be livestreamed nor will it be recorded and subsequently made available as an on-demand program).
LESA strives to make our programs accessible to as many lawyers as possible, and that often means offering programs in multiple formats so people can choose to attend online or in-person, but at other times we try to bring our content directly to you, right across the province. With such a large geographical area to serve as we provide CPD to lawyers across Alberta, we aren’t able to bring our programs to everyone’s hometown nearly as often as we’d like to, which makes every opportunity to come meet you in your own backyard (or conference center) even more meaningful, because we know that many lawyers want the chance to attend in-person programs where they live and work.
Lane spoke to this idea when we asked him about his personal CPD preferences and how he makes time for continuing legal education in his own practice:
I prefer in-person attendance whenever I can swing it. On-demand content is convenient and I use it, but something about putting an event in my calendar and treating it as non-negotiable gets better results for me than “I’ll watch it later” ever does. The networking with other attendees is a nice bonus too. Beyond that, volunteering has become one of my main sources of CLE. So far, that has meant helping prepare presentations with much more senior practitioners, and it has taught me more than I expected the preparation process could.
Maybe, like Lane, you’re also looking for the added benefit of an in-person CPD experience. If you practice in southern Alberta (or you’re willing to travel to get there), you should register now before this Arbitrations program sells out. With only a few weeks to go and less than 10 seats left, this is a program you won’t want to miss.
For program details or to register, click here.
We can’t fit everything these fabulous presenters told us into a single blog post, but we’ll leave you with two last thoughts that Krysta and Jessica shared when we asked them for advice:
What is one of the most important pieces of career advice you’ve received? Do you have any advice to share with your colleagues?
The most important pieces of career advice I have received include: treasure your passions, have fun, and do not create unnecessary work for yourself—there is plenty of necessary work already waiting to be done.
~ Krysta Ostwald KC
Have you received any especially valuable advice as you’ve launched into your law career? Or do you have any advice you would share with other newly called lawyers?
You are never pigeonholed into a particular area, even if you feel like you are. It is never too late to change course and pursue a different type of law or even a law adjacent career. I was also told that you need to make your style of practice consistent with your personality. It is not as effective to try to be adversarial, for example, when that does not line up with who you are inherently.
~ Jessica Lypkie
