The Way We Were… and The Way We Are

On , In Mediation & Arbitration

When I think back upon my year of Articling as a Law Student in 1971-1972, and my call to the Bar in 1972, I realize how it may look the same, but the practice of law today is very different.  It’s different for us lawyers, and also for our clients. Having spent most of the…


Using Legal Counsel to Proactively Understand and Manage Legal Risk

On , In Construction Law

There can be a perception that lawyers help paper a deal that has been already agreed to or that lawyers help you write letters and start lawsuits after a dispute has arisen. Unfortunately this perception is overly simplistic and, especially for small businesses and entrepreneurs, can end up costing significant legal fees that could have…


What The Heck is Med-Arb?

On , In Mediation & Arbitration

For a number of years we all heard of Arbitration as a way to obtain a decision in a dispute between two or more parties.  Some agreements mandate that disputes are arbitrated rather than litigated as a way to save costs and to obtain a decision in a much shorter time frame than through the…


Land Use Contracts – Why Owners, Lenders and Buyers Should Be Concerned

On , In Real Estate Law

Article By: Andrew P. Prior and Courtney MacRae Proposed amendments to the Local Government Act being considered by the legislature will change the law relating to Land Use Contracts. The Miscellaneous Statutes Amendment Act 2014 (Bill 17) proposes amendments to various Acts, but amendments to the Local Government Act will bring to an end all…


Mediation

On , In Mediation & Arbitration

Many things can happen along the way to a trial.  Often a settlement is one of them.  As a trial lawyer I recognize that having your day in court comes at a very high price.  Lawyers’ fees are only part of that price.  There is delay – civil cases take years to get to trial.…


Ending a Shared Recreational Property Arrangement

On , In Real Estate Law

In an earlier article I discussed the importance of a written co-owners’ agreement when jointly purchasing recreational property.  One of the most important sections of a co-owners’ agreement will cover how the parties can terminate the arrangement.  Many people fail to enter into a formal agreement, however, and this can lead to a great deal…


The Civil Resolution Tribunal – Coming to a Computer Near You!

On , In Mediation & Arbitration

This is an exciting development in the world of ADR – Alternate Dispute Resolution.  Dispute resolution practitioners, and I’m one of them, applaud this kind of “thinking outside the box” that gives people more options for resolving disputes.  If I have one concern with this new process it is that, with few exceptions, the parties […]