ADR _Alternative Dispute Resolution_ Section by gjjur4356


									                        Manitoba Bar Association ADR Section
                        Submitted by: Lawrie Cherniack, Chair

The Alternative Dispute Resolution Section of the Manitoba Bar Association promotes
various models of negotiation, mediation, arbitration, restorative justice and therapeutic
justice, as alternatives to the formal court process. The Alternative Dispute Resolution
Section is interested in all dispute resolution mechanisms, whether civil, labour, family or

There are no particularly significant developments in ADR in Manitoba in the past year.

Mediation Services was established in 1979 as a project of Mennonite Central
Committee Manitoba in response to a concern both for people victimized by crime and
for the high number of people being incarcerated in Canada. In 2008, Mediation
Services introduced the Private Prosecutions Court Mediation Program. The MBA, ADR
Section is supportive of this inexpensive and highly successful program continuing to
operate in the provincial court. This project is very cost-effective, with a budget of only
$25,000 per year. It is anticipated that the government funding will continue.

Manitoba is still considering the introduction of a Mental Health Court. A Mental Health
Court Committee was created to study the concept. The Mental Health Court Committee
is comprised of a cross section of persons representing various areas of the criminal
justice system.

Professor Alan Levy provided a seminar at the Law Society of Manitoba Offices called
the Dynamics of Using ADR Processes in Blue Collar Workplaces.

Lawrie Cherniack provided a seminar at the Law Society of Manitoba Offices called
Workplace Conflicts: How to Prevent Them, How to Resolve Them.

In the civil courts, Judicially Assisted Dispute Resolution quietly operates. Judicially
Assisted Dispute Resolution (JADR) is a form of alternative dispute resolution (ADR),
whereby a Court of Queen’s Bench judge, acting as a neutral third party, assists two or
more litigants in reaching an agreement by facilitating negotiations. Case Management
is a court process that allows a judge to monitor and manage the progress of a court
case as it moves through the system. As part of this process, parties have an opportunity
to meet with a judge to try and resolve their issues together. The Court of Queen’s
Bench judges held a JADR Review Committee meeting at the Law Society offices for an
informal discussion concerning any issues about the JADR program. The committee
heard from Manitoba lawyers about practical concerns and the Committee will advise of
some of the options being examined.

The Manitoba ADR Section and the Arbitration and Mediation Institute of Manitoba are
seeking to strengthen their relationship in order to increase the profile of ADR services
and training available in Manitoba. The ADR Section does not deliver services, but
numerous lawyers have been asking about arbitration and mediation training. AMIM will
be developing some training modules for the legal profession.

CBA ADR Section Newsletter                                                           Page 1
A letter went out from the Chair at the beginning of October, 2010, to the more than 100
members to ask them what they expected from the subsection and to request

At least two workshops are planned for the 2010-2011 year: a workshop on ADR in
sports, and a workshop on the use of private arbitration in family law disputes.

Lawrie Cherniack
Cherniack & Cherniack
742 South Drive
Winnipeg, MB R3T 0C3
Phone: 204-284-6886
Fax: 284-6965

George Derwin
Manitoba Hydro International
211 Commerce Drive
Winnipeg, Manitoba
R3P 1A3
Phone: 204-477-7983

CBA ADR Section Newsletter                                                        Page 2

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