Areas of Law
Areas of Law
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  • 62147.04
    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.  
  • 62147.03
    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.  
  • 62147.02
    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.  
  • 62147.01
    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.  
  • 62147-GP
    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.
  • 62143.08
    This brief overview offers a clerk’s perspective on common Court of Queen’s Bench filing rejections in family and divorce matters, with an emphasis on the practice application in Edmonton. 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.  
  • 62143.06
    This paper provides paralegals with a practical guide to understand and implement the Court of Queen’s Bench Family Law Practice Notes when assisting lawyers and the law firms they work with. These materials emphasize the application of the Practice Notes in Calgary and explain how (not when) to use the Practice Notes correctly. Particular attention is given to Practice Notes 6–10, and useful day-to-day tips are suggested throughout. 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.  
  • 62143.05
    This paper reviews some common rules and procedures of the family law Rules of Court. While not an exhaustive guide, it aims to help paralegals address and identify process issues. This paper does not address rules and procedures of the Provincial Court and Court of Appeal. Topics relate to starting a family action, resolving family issues, disclosure of information, financial disclosure, judgements and orders, and managing litigation.    
  • 62143.04
    This short paper offers some tips to help lawyers deal with the specific challenges that self-represented litigants pose. Also included is a sample introductory letter with a checklist for disclosure and statement of income, assets, and liabilities.  
  • 62143.03
    This paper offers practical suggestions on how to organize a file and stay on top of document management, providing tips that can be implemented even without the aid of an expensive IT system. Topics include, for example, a discussion of file structures, file naming conventions, and saving emails, attachments, and documents.  
  • 62143.02
    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.
  • 62143.01
    This paper informs paralegals about changes to the Family Property Act and the Divorce Act, aiming to equip paralegals with the knowledge needed to provide enhanced service to clients and practical assistance to lawyers in light of legislative changes. The paper is meant to introduce the changes that will most affect practices on a day-to-day basis. Topics address terminology changes, definitions, relationship interdependence, property exemptions, client duties and obligations, best interests of the child, parenting orders, contact orders, and relocation.