ADR News & Announcements

In these unprecedented times when nothing is as it once was, it may be hard to remember what happiness feels like.

Our brains are wired to contemplate the worst-case scenarios and watching the news or Covid-19 update can reinforce this impending sense of doom.

We can learn ways to mourn what was and cannot be again, and find a path to a different kind of happy. It can be hard to find joy, to notice what makes us feel good and grounded and safe. 

Check out the recording below from our latest luncheon to help find some moments of light amid the darkness.

Presenter: Tara Livingston

Tara Livingston is a professional mediator, relationship coach and enthusiastic public speaker. A retired Anglican Priest, she earned her master’s degree in divinity from Trinity College at the University of Toronto with a focus on pastoral counseling, grief care and inter-faith dialogue. In addition to divorce mediation, she offers marriage preparation classes for couples about to embark on a new life journey. Tara is committed to guiding couples and families toward maintaining healthy relationships at their beginning, middle and end. As a parent of two resilient young men, she has a special passion for helping children to thrive during and after challenging times. 

As a presenter, Tara uses stories from her considerable professional and personal experience and legendary humour to inspire audiences of all kinds.

Here is the recording from December 16, 2020:

On December 21, 2020 Graham Singh of Trinity Centres Foundation (TCF) joined the Canadian Club of Edmonton to discuss re-purposing historic churches and cherished urban architecture for a brighter future as community & cultural hubs. Please see the recording below as Graham and Paul Conway discuss:

Social purpose real estate: a post-COVID future for Canada

Theatres, museums, schools, hospitals, parks and churches: hit hard by COVID-19 and the awkward story no one talks about. As shocks flow through our retail, commercial and residential sectors, what about those physical places whose ownership is truly in common? What plans are being made across Canada's social and charitable sector for a recovery? How will we navigate these properties and their potential for social impact?  What signs of hope might Edmonton, Calgary & Alberta look for as we chart a pathway beyond COVID-19?

Graham Singh is a graduate of the London School of Economics, Anglican Church minister, researcher and founding CEO of the Trinity Centres Foundation (TCF), a new national charity aimed at giving a renewed community vocation to Canada's heritage church properties. A native of Guelph, Singh now lives in Montreal with his wife Céline and 3 children where he also leads one of that city's oldest yet most widely shared heritage church buildings (St Jax). TCF delivers strategic consulting support to dozens of land-owning congregations across Canada, including Edmonton's McDougall United Church and Calgary's Bow Valley Christian Church. Published across Canada, Singh is a thought leader on the area of Environmental, Social, and Corporate Governance (ESG or impact investment), a growing area of focus for Canada's philanthropic foundations and institutional investors alike.

As you may remember, our June Luncheon featured Ry Moran, founding Director of the National Centre for Truth and Reconciliation in Winnipeg

On November 25, 2020, the Canadian Club of Edmonton hosted Ry Moran, now inaugural Associate University Librarian (Reconciliation) at the University of Victoria for an engaging and informative presentation on the work of Truth & Reconciliation broadly underway across the country.

Watch the recording below to learn from Ry as he shares his extensive first-hand experience on the transformative steps underway in Canada, including how to confront and act upon some of the most troubling elements of our collective history together.

Ry Moran is Canada’s inaugural Associate University Librarian (Reconciliation) at the University of Victoria. Ry’s role within UVic Libraries’ focuses on building and sustaining relationships to introduce Indigenous approaches and knowledge into the daily work of the Libraries and more broadly across the campus community. In so doing, Ry plays an active role in advancing UVic’s strategic goal of being a globally recognized leader in areas of reconciliation.

Ry came to this position from the National Centre for Truth and Reconciliation (NCTR) hosted by the University of Manitoba. As the founding director, Ry guided the creation of the NCTR from its inception. Along the way, Ry contributed to major national initiatives such as the creation of the National Student Memorial Register, designation of multiple residential schools as national historical sites, development and launch of the Indigenous Peoples Atlas of Canada, and a major educational broadcast which reached over three million Canadians.

Prior to the NCTR, Ry served with the Truth and Reconciliation Commission of Canada (TRC). On the TRC’s behalf, he facilitated the gathering of nearly 7,000 video/audio-recorded statements of former residential school students and millions of pages archival records.

For our webinar luncheon on November 19, 2020, we hosted Naval Captain Bruce King. Below is the recording from that event.

Naval Captain Bruce King speaks about the laws of armed conflict relating to reconciliation, mediation and war. International law encourages the resolution of disputes between countries. Institutions like the United Nations and International Committee of the Red Cross are dedicated to identifying friction between countries and promoting peaceful resolution of disputes. Where resolution is not possible, the possibility of armed conflict looms. He focuses on the road to war and the reconciliation processes which prevent war.

A native of Edmonton Alberta, Bruce graduated from the University of Alberta with a Bachelor of Arts and Bachelor of Laws in 1989. In 1990, he was called to the Alberta Bar and for the next 18 years worked as a civil litigator appearing in all levels of Courts in Alberta, the Federal Court, Federal Court of Appeal and Tax Court of Canada.

In 1999, Bruce joined the Canadian Armed Forces as a reservist with the Office of the Judge Advocate General. He was deployed on 4 domestic operations including as the legal advisor to the army at the G-8 Kananaskis conference and Vancouver Olympics. In 2010, he deployed to Afghanistan with JTF2 and 427 Special Operations Aviation Squadron. In 2012,  Bruce worked at National Defense Headquarters in Ottawa advising the commanders of the Military Police, Air Force, Navy and CAF Transition Unit. In 2017, he was promoted to his current rank of Naval Captain (Colonel equivalent) and appointed Deputy Judge Advocate General (Reserves).

Since 2012, Capt(N) has also been a sessional instructor at the Faculty of Law, University of Alberta, where he teaches Military Law.  In 2014, he joined the Veterans Affairs leading a team of lawyers and support staff representing veterans and RCMP members before the Veterans Review and Appeal Board.

Interested ADRIA members are invited and encouraged to participate in a Government of Alberta (GOA) online public survey that is gathering input on a condominium dispute resolution tribunal.  This survey is part of regulatory development work under the 2014 Condominium Property Amendment Act (CPAA). 

In Canada, the provinces of Ontario, B.C., and Nova Scotia operate condominium tribunals.  In Alberta, the only method available for resolving condominium-related disputes is through the court system.  A dispute resolution authority will provide access to affordable and efficient dispute resolution for condominium issues while helping relieve the backlog in Alberta’s court system. 

ADRIA has been consulted on this issue, by both the GOA and the condominium owners community.  As part of its ADR advocacy efforts, ADRIA will be submitting written responses to the GOA in the weeks ahead.  For ADRIA members that choose to participate in this survey, you may find that reading through the following points and ADRIA draft positions will assist you (although in no way are these views binding on any individual ADRIA member). You can also read theGOA Discussion Guide andSurvey questions in text form.

• ADRIA is supportive of a progressive condominium dispute resolution process that commences with negotiation and mediation, and concludes with an evaluative tribunal process if still required.
• When self-identifying at Question 1 of the survey, ADRIA members may wish to identify their point of view as "Business / Industry Association".  There may well be another category that better represents your point of view, but be aware that selecting some categories (such as "Other") will prompt the collection of demographic information including age range and postal code.
• Although not covered in the survey, ADRIA supports the establishment of an independent body to administer the condo dispute resolution process - either an arms-length body or a delegated organization, as described in the GOA Discussion Guide.  ADRIA does not support combining these functions with those of the Residential Tenancy Dispute Resolution Service (RTDRS).
• Also not fully covered in the survey, frequent GOA references to this initiative as a "Tribunal", and not as a progressive dispute resolution process or authority, will hinder early interest-based resolution efforts.  Language is important, as are how we refer to the body that ultimately emerges from this public consultation process.  ADRIA members are encouraged to make this point in their online commentaries.
• ADRIA supports the GOA's recommended three-stage dispute resolution process, which includes mandatory negotiation and mediation stages.  ADRIA has noted, and the GOA acknowledges, that the negotiation stage is poorly defined at this point, but most agree that an early opportunity for register and formalize a dispute can open opportunities for negotiation, resources and education.  Not surprisingly, several law firms involved in condo dispute resolution have advocated for waiver or bypass options to avoid the mediation stage.  ADRIA believes that condo disputes will benefit greatly from a mandatory mediation stage, as tribunal decisions will typically be Win/Lose and will not address the underlying relationship issues that will continue to challenge the parties who must continue to co-exist in their condo community.
• ADRIA believes that fees for the negotiation and mediation stages should be as low as possible, and only imposed as the parties progress through the stages.  Fees to access the tribunal should be higher, and act as an incentive to resolve the dispute at the earlier stages.
• ADRIA generally endorses the proposed funding model, although questions why the assessment fees on condo owners would be so high.  Whichever funding model is adopted, it should serve to deliver and prioritize low-cost access to resources, training, facilitators and mediators.  The tribunal should be viewed as the "court of last resort", as it will be least able to resolve the underlying relationship issues.
• ADRIA supports the public disclosure of tribunal decisions only, as these will serve to provide valuable public education, AND serve as a powerful incentive to settle the dispute early through negotiation or mediation.  Mediated outcomes should be confidential, although the outcomes could be rendered anonymous and grouped into themes - again for public education purposes which could serve to avert similar disputes in the future.
• ADRIA supports the broadest possible jurisdiction for the acceptance and resolution of disputes that impact condominium communities.  There will be exceptions, of course, and some procedures will be required to vet out frivolous or vexatious complaints.  ADRIA also believes that all three stages can be delivered through both online and in-person interactions.

You can provide your feedback to the survey online by November 22, 2020. 

If you have any questions about the survey or if you are unable to access it online, please contact project team by email at SA.condotribunalengagement@gov.ab.ca.  You can also submit additional inputs through the same email address. If you have concerns about ADRIA's draft position statement, please contact the Executive Director at paul@adralberta.com

Conflict Resolution Day Alberta is supported by a collaboration of the Provincial Government's Dispute Resolution Network (DRN) and non-profit ADR (Alternative Dispute Resolution) organizations from across Alberta. 

The theme this year is THE ART OF LISTENING. 

Below you will find links to register for the free workshop: The Art of Listening as well as activities, articles, videos, podcasts and more!

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Free Online Workshop: The Art of Listening

Thu Oct 15th 12:00pm - 1:30pm
by the Alberta Conflict Resolution Day Committee 

What communication skill could be more basic than listening? We spend more time listening than any activity except breathing, yet we listen at only a fraction of our potential. We believe ourselves good listeners but what if we could improve? The complimentary workshop will teach seven “Laws of Good Listening” and will illustrate the surprising value of attentive silence, the need to find something of interest in the person speaking, the importance of staying out of the speaker’s way, and the role of body language in listening. Each “law” is a key toward improved listening and communication and you will leave with practical skills that you can implement immediately to improve your communications with others!

Online Resources, Activities & Media

Listening Self-Assessment
Test your listening skills, and use the results to find out how you can become a better listener

Ted Talk: William Ury on Listening
William Ury explains how listening is the essential, and often overlooked, half of communication. He asks us to join a listening revolution, and promises that if we all just listen a little bit more, we can transform any relationship.

Ted Talk: Celeste Headlee on 10 Ways to Have a Better Conversation When You're Having a Hard Time
Celeste Headlee has worked as a radio host for decades, and she knows the ingredients of a great conversation: Honesty, brevity, clarity and a healthy amount of listening.

Article: “Active Listening, suitable for 9-18 year olds,”
Tips to improve communication with teens using active listening.

Article: “Active Listening in the Classroom, an Important Motivational Strategy”, by Melissa Kelly
This article outlines the importance of using active listening to support students' motivation to learn.

Article: “Active Listening, Essentials for Parenting Toddlers and Preschoolers,” Centre for Disease Control and Prevention
Tips and strategies for parents and their young children.

Featured Podcast: The Space Between with Dr. Tammy Lenski
A conflict resolution blog + podcast about turning our difficult conversations into some of our best conversations at work and home.

Featured Podcast: How Can I Say This...with Beth Buelow
Find ideas about how to handle your communication conundrums; opportunities to learn from real-life situations through questions shared by listeners; and ultimately, gain skills and techniques for dealing with sticky situations at work and home. 

Video: Quick Tips to Active Listening
Watch this video for some great tips and tricks to take your active listening skills into your day-to-day life!

The requirements of social distancing have accelerated the use of technology as an alternative to holding in person hearings.  Learn practical tips for setting up and conducting a hearing using video conferencing.  The virtual hearing will likely develop into one of the procedural alternatives at the disposal of an administrative decision maker.   Having the flexibility and confidence to hold virtual hearings will give tribunals another way to offer cost effective and timely resolution of disputes. 

Presenters:

Carol Zukiwski, LL.B, Q.Arb - Carol’s practice is primarily focused on assisting municipalities and the provincial assessor with property assessment complaints and appeals. Carol also serves as counsel to administrative tribunals helping them with determining a fair hearing procedure and with decision writing. She appears regularly before the Municipal Government Board, Composite Assessment Review Boards and before the Court of Queen’s Bench. Carol has been on the staff of two Boards and a member of two additional Boards. She is also an instructor with the Foundation of Administrative Justice, and is appointed to the Payment In Lieu of Taxes Federal Tribunal.

Adrian Wright, CTAJ - Adrian is a long time lawyer, adjudicator, and mediator. He worked for many years in the Northwest Territories.  He now lives on the West Coast. He has adjudicated claims of sexual abuse and physical abuse involving Indian Residential School survivors in the Indian Residential Schools Independent Assessment Process as well as decided and mediated human rights complaints for the Human Rights Adjudication Panel of the Northwest Territories.

He has advised and represented:

• • Registered Nurses Association of the Northwest Territories and Nunavut in registration, professional conduct, and other cases
  • Workers’ Safety and Compensation Commission of the Northwest Territories and Nunavut

He has decided cases, advised decision makers, and both challenged and defended administrative decisions in court. He is now both the Curriculum Development Coordinator and an instructor for the Foundation of Administrative Justice. 

National Indigenous Peoples Day is a day for all Canadians to recognize and celebrate the unique heritage, diverse cultures and outstanding contributions of First Nations, Inuit and Métis peoples. The Canadian Constitution recognizes these three groups as Aboriginal peoples, also known as Indigenous peoples.

In honour of National Indigenous Peoples Day, take part in one of the many events happening online, check out some reading lists or visit a museum virtually!

You can also watch the recording of our June ADR Luncheon Webinar linked below.

Watch Ry Moran, Director of the National Centre for Truth and Reconciliation discuss the important work of this organization.

Below is the recording for our free webinar on May 20, 2020 called What is Conflict Management Coaching and How is it Being Used in the DR Field?

Conflict Management  Coaching  (aka conflict coaching) has grown exponentially in the ADR field, and  provides a  methodology that assists people to independently manage their interpersonal disputes, or to more confidently engage in mediation and other DR process. In this hour-long webinar Cinnie Noble - a pioneer of this process -  will further define this specialized conflict management process and discuss its applications in the field of ADR. Registrants will  also hear:

• what the discipline of coaching is and what it is not
• why conflict management coaching was developed
• why mediators and lawyers find the process to be a useful technique to add to their toolboxes
• examples of real situations and how conflict coaching was used

Presenter:

Cinnie Noble  -  a former lawyer  -  is a Certified Mediator and a Professional Certified Coach. In 1999, after extensive experiential research, she developed the CINERGY model of Conflict Management Coaching, and since then has provided coaching and training worldwide, in this unique model, to mediators, coaches and lawyers. Cinnie is the author of two coaching books- Conflict Mastery: Questions to Guide You and Conflict Management Coaching: The CINERGY™ Model. More information may be found on www.cinergycoaching.com