♬ I wouldn’t settle for nothing
I couldn’t settle for that
I’d rather settle for something I don’t believe in
than listen to anymore of your chit chat…♬

Lyrics music and recorded by the Headstones.

On January 17, Dr. Frank Fowlie, a Fellow with the Centre for Information Technology and Dispute Resolution at the University of Massachusetts – Amherst and a Chartered Mediator,  Ms Kari D. Boyle, lawyer, mediator, consultant, administrator and Executive Director of Mediate BC and yours truly presented on “ODR Around the World” for the ADR section of the Canadian Bar Association, BC Branch.  As that presentation, I mentioned that Darin Thompson, Legal Counsel with the Justice Services Branch, BC Ministry of Attorney General had written a wonderful post on the latest developments on ODR in the European Union and that he had graciously consented for it to be published here as a guest post. Accordingly, here is Darin’s wonderful overview of how ADR and ODR are being implemented in the European Union:

Darin Thompson looks at the European Commission’s proposals for expansion of ODR and places them in a wider context

On 29 November, the European Commission published a proposal on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR). This has set the stage for a significant increase in the use of these out-of-court dispute resolution processes for consumer disputes within the EU.  Based on an initial reading of the proposal, the Commission envisages technology, and more specifically the Internet, as the key channel for delivering services to users.

ADR, ODR and e-commerce

ADR is a well established collection of processes and techniques for resolving disputes while avoiding litigation. Although the techniques vary across culture and region, modern ADR is generally understood to involve forms of negotiation, mediation, conciliation or arbitration.  ODR, on the other hand, is a much newer collection of processes that represents the convergence of ADR and information technology.  Like ADR, it incorporates any combination of negotiation, mediation, conciliation, arbitration and other decision-making processes. But it often relies on technology, most frequently the Internet, to facilitate its processes, and the emphasis is placed on simplicity, speed and low costs.

ODR has been used in recent years to resolve consumer disputes within the private sphere, but it has not yet become a mainstream practice endorsed by governments.  Major private institutions such as PayPal have become big users of ODR, with their systems handling 60 million disputes annually.  Yet, ODR has remained a relatively marginal practice that has failed to keep pace with the rapid growth in e-commerce. Even within Europe, where e-commerce growth has lagged behind some other regions, more than half of people in the UK, Denmark, Norway and the Netherlands reportedly bought goods or services over the Internet in 2010.[1] Yet in the same year, only 5% of European consumers used any ADR process to resolve a dispute.[2]  Similarly, only 9% of businesses reported ever using ADR.  This phenomenon has continued despite the fact that ODR represents an affordable and simple way to resolve disputes that arise out of online transactions.  For consumers, ODR can provide redress for problems when court is not a viable option. For traders, it could increase trust, improve reputation and allow for rapid and fair handling of complaints, unpaid invoices and other unwelcome business distractions. Read the rest of this entry »

♬ If you wish to be the first you must seek
To be a servant, to be a servant of all…♬

Lyrics, music and recorded by David Haas.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center.  It deals with a concept that I personally see offering a great deal of personal growth and possibility for real change:  servant leadership.

Wikipedia defines servant leadership as follows:

Servant leadership is a philosophy and practice of leadership, coined and defined by Robert K. Greenleaf (Born 1904 in Terre Haute, Indiana; died in 1990) and supported by many leadership and management writers such as James Autry, Ken Blanchard, Stephen Covey, Peter Block, Peter Senge, Max DePree, Scott Greenberg, Larry Spears, Margaret Wheatley, James C. Hunter, Kent Keith, Ken Jennings, Don Frick and others. Servant-leaders achieve results for their organizations by giving priority attention to the needs of their colleagues and those they serve. Servant-leaders are often seen as humble stewards of their organization’s resources: human, financial and physical.

Accordingly, here is Beth’s post on servant leadership:

• All growth and most good things come from paying attention.
• Use every experience.
• Never think of employees as “labor,” as a commodity.
• Avoid the tyranny of technocracy.
• Abandon the career planning traps.
• Avoid “building” a resume.
• Expect the unexpected and be ready to embrace change.
• Take the work seriously, but don’t take yourself too seriously.
• Do not use long-term solutions to short-term problems.
• Never run away from anything (Ray Ferch & Spears, 2011, p. 133-134).

From:  Ray Ferch, S. & Spears, L.C. eds. (2011).  The Spirit of Servant-Leadership.  Mahwah, NJ:  Paulist Press.

The Spirit of Servant-Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be a leader by exercising servant stewardship of our organization’s resources.

♬  And now, the end is here
And so I face the final curtain
My friend, I’ll say it clear
I’ll state my case, of which I’m certain

I’ve lived a life that’s full.
I’ve traveled each and ev’ry highway;
But more, much more than this,
I did it my way

Regrets, I’ve had a few
But then again, too few to mention…♬

Lyrics by Paul Anka and set to music based on the French song “Comme d’habitude” composed in 1967 by Claude François and Jacques Revaux, recorded by Frank Sinatra, “My Way“.

This is a guest post by Bronnie Ware.  I read it this weekend and immediately asked for permission to post it as a guest post, as I think this article has an important message that is particularly meaningful for lawyers and their families.  So in Bonnie’s words:

For many years I worked in palliative care. My patients were those who had gone home to die. Some incredibly special times were shared. I was with them for the last three to twelve weeks of their lives.

People grow a lot when they are faced with their own mortality. I learnt never to underestimate someone’s capacity for growth. Some changes were phenomenal. Each experienced a variety of emotions, as expected, denial, fear, anger, remorse, more denial and eventually acceptance. Every single patient found their peace before they departed though, every one of them.

When questioned about any regrets they had or anything they would do differently, common themes surfaced again and again. Here are the most common five: Read the rest of this entry »

♬  Now, you got it, you’re wow, wow, wow, wow
You got it; you’re wow, wow, wow, wow…♬

Lyrics and music by: Kylie Minogue, Greg Kurstin and Karen Poole, recorded by Kylie Minogue.

This is another great guest post from Drago Adams from his Adams Ad Group Monday Morning Motivator email newsletter.  I loved the message in this post and thought of sharing it with all.  It is contagious.  I hope you enjoy it.

This week we share a message from Tomas Lydalh. Tomas’s message will not only help you in business, but will also make you the kind of person that people will just naturally gravitate to.

We’ve all heard about how important attitude is and how it affects us. I am sure you’ve heard of how much better you will feel when you look at the positive side of things… when you think positive thoughts, you will become a positive person. It is not always easy, however, to just change your attitude by trying to think positive thoughts. What if you did certain things, instead, that created positive feelings inside you?

Here is a short story that shows how certain actions will ensure a YES! Attitude - even if your day doesn’t start with a WOW! Read the rest of this entry »

♬ It would sure do me good, to do you good. Let me help …♬

Music, Lyrics and recorded by Billy Swan.

Dave and Lauren hiking in Banff

The Canadian Health Measures Survey, the most comprehensive survey ever conducted in Canada has recently found:

“That fitness levels of children and youth have declined significantly since 1981, regardless of age or sex. Fitness levels of adults have also declined, particularly among younger adults.”

A prominent Canadian researcher on obesity has stated that the figures in the CHMS study point to a country in crisis:

“Well, if you look at those numbers I’d be very surprised to see what actually qualifies as a national crisis if this does not,” said Dr. Arya Sharma, Chair of Obesity Studies at the University of Alberta and scientific director of the Canadian Obesity Network.

Further, the Canadian Press, reporting on this survey, stated:

“The survey suggests the proportion of Canadians with dangerously large waists went to 21 per cent from five per cent among men, and to 31 per cent from six per cent among women.” Read the rest of this entry »

♬ I get the urge to know you better
To make our spirits one
I want to see us be together
As close as we can come
I get the urge to merge
I get the urge to merge with you…♬

Music and lyrics by: Pam Reswick, Steve Werfel, recorded by Natalie Cole.

Merge Ahead

This is a guest post of an article originally appearing in the October, 2011 issue of Law Firm Partnership & Benefits Report. It is reprinted with permission of Robert W. Denney.

There isn’t a great deal written on the details of merging two law firms, and as such I thought this overview by my friend Bob was a great article to post – regardless if the two firms being merged are 3 partners each or 300. The issues will be the same.

Challenges and Adjustments In A Merger

Both the Smaller Firm and the Larger One Have Roles

They Must Play If the Marriage is to Be Successful

Author’s Note: This article first appeared in this publication in March, 2005. Although the legal profession has been undergoing considerable change since then, the issues that arise after firms merge are still the same as they were over seven years ago. Therefore, we thoughts a review was in order.

There is a drama that is acted out every day on the stages of hundreds of law firms throughout the world. Firm A, which may have been a local, regional or even national firm, has recently merged into (read “acquired by”) Firm B, a larger national or international firm, and the partners from Firm A are adjusting to being part of such a huge firm. Read the rest of this entry »

♬ Seize the day or die regretting the time you lost…♬

Lyrics and music by: M. Shadows, The Rev, recorded by Avenged Sevenfold.

Seize the Day

This is another “Leadership Moments” guest post by Beth Flynn of the Ohio Leadership Center.

Roman leaders coined the phrase, Carpe diem, which translates to seize the day.  Skilled leaders know the necessity of proactivity.  They understand and appreciate that every moment in each day holds opportunities.  Individuals with clear mind, who focus on the present moment, can envision, create, serve and produce with grace and skill.

An old Buddhist proverb states that each day is a miniature version of your entire life.  Each day will hold opportunities, gains, obstacles, and perhaps frustration.  People’s perspective determines how they view these events.  Individuals determine how they may use their time, energy, and focus (Schantz, p. 96).

From: Schantz, M. (2008).  75 principles of conscious leadership: inspired skills for 21st century business. Bandon, OR: Robert D. Reed Publishers.

75 Principles of Conscious Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can make the most of the day by focusing on the moment!

♬  Hey, look around it’s all so clear
Hey, wherever we were going, well we’re here
Hey, so many things I never thought I’d see
Happening right in front of me..♬

Lyrics and music by Chris DuBois and Brad Paisley, recorded by Brad Paisley, “Welcome to the Future”.

2012 Happy New Year

In this third and final collection of tips and predictions for 2012, we turn first to my good friend and colleague, Steve Gallagher. Steve has been one of those rare individuals who has kept a perspective on where the legal profession is and is going.  Accordingly, I though it was appropriate that we start with his views in this final post of 2011 on what will be happening in 2012:

Stephen P Gallagher: “Coping with Change”:

(a)  A Law Practice Management Perspective:

My primary business these days is coaching Lawyers in Transition, so from my vantage point,  I see large geographic areas throughout Canada and the United States that will have no practicing lawyers within hundreds of miles. At the same time, law school graduates will cluster around metropolitan areas looking for entry-level positions primarily to pay off law school debt. I would like to think that our talented young professionals will start looking for opportunities with baby boomers, particularly in more rural areas of the country to continue the tradition of serving the public.

(b)  Legal Technology:

I’ve follow the writing of Sherryl Turkle, a psychologist and director of the Massachusetts Institute of Technology (MIT) Initiative on Technology and Self.  Professor Turkel is concerned about how we may be losing things that Thoreau thought were essential to discovering an identity. Professor Turkle claims to be teaching the most brilliant students in the world (at MIT). She claims that they have done themselves a disservice by drinking the Kool-Aid and believing that a multitasking learning environment will serve their best purposes.

I too am concerned about this “multitasking learning environment” for lawyers.

For a Frontline interview, Digital Nation, Professor Turkle was quoted as saying, “She thinks that we’re living in a culture where we’re really not sure what kind of attention we owe each other. People put their cell phones on the table now. They don’t turn them off.” She goes on to say that, “One of my students talked about the first time he was walking with friends, and they received a cell phone call, and they took the call. And he said: “What was I, on pause?” I felt I was being put on pause.” Sheryl Turkle thinks that we’re socially negotiating what kind of attention we feel we owe each other.”

This flat out scares me. We owe each other more. Read the rest of this entry »

♬ See your heart will lead you where you want to be, but your head will lead you where you ought to be.
But which will lead you where you’re meant to be? ♬

Lyrics, music and recorded by K’LA.

2012 New Years

This is Part 2 in the 2012 Tips and Predictions series where I have asked my good friends and colleagues to contribute their best ideas for the New Year. Accordingly without further ado:

Dr. Frank Fowlie: “Future Shock” predictions:

1. Consumers will no longer be forced to call their credit card company  to deal with “unknown” charges.  No more phone tress, no more wait times…You’ll be able to go to your bank’s credit card website and fill in a form online, the bank will handle it from there.
2. When you buy something online and there’s something wrong with the purchase, you’ll be able to go to a single portal for goods sold in Canada, and start a redress process online, at your convenience.  This is less Future Shock, as the European Union has already created a regulation which makes this possible across Europe.  Like “chip” cards did in the past, the technology will migrate from Europe to Canada.
3. Small Claims Courts in Canada will move towards Online Dispute Resolution to more effectively and efficiently manage the court processes.  There will be a new wave of computer literate judges who hear and settle cases online.
4. Courts of equity will look to technology to handle small value claims.  Online Dispute Resolution will replace hearings in matters where the value is the same or lower than the Small Claims Court limit.
5. Law firms will publish hourly rates on their websites to allow for consumer choices.  Consumers will be able to search out legal services in  the same way they look for other commodities online.
6. Lawyers will begin to sell “Boutique services” allowing consumers to handle some part of their own legal matters.  Some lawyers will develop practices which simply “guide” lay litigants, as opposed to forcing the lay litigant into court with representation.
7. Legal Zoom, or some like entity, will set up shop in Canada.  Legal services outsourcing becomes a market drive out of India and Ireland.
8. The public can make complaints against lawyers using an online platform, perhaps to an independent body.

Dr. Frank Fowlie, www.internetombudsman.biz.

Judge Monty Ahalt ( Ret.): “Warp Speed”:

As the year closes out and some say the decade there is always a clamour for the folks to know what is in store for the next year. Some will look at last year and make resolutions. My Life now breaks down into three areas:

1. Court centered ADR and case management as a recalled Circuit Court Judge now counting 30 years.
2. A Mediator/Arbitrator now counting about 45 years – www.montyahalt.com.
3. Founder and CEO of VirtualCourthouse.com – leading ODR provider – now counting 10 years -   www.VirtualCourthouse.com

Each area has it’s unique challenges and will experience new horizons in 2012. While I do not pretend to be Carnac the Magnificent of Johnny Carson days  there are some new happenings that seem to be clearly presenting themselves for the coming year. Read the rest of this entry »

♬ What’s happenin brothers and sisters?
Welcome to our time…♬

Lyrics, music and recorded by NAS.

Happy New Year 2012

Last year on Dec. 31, 2010 I posted a Top 10 Legal Tech Predictions for 2011.  This year I asked my very good friends and colleagues to contribute their top Tips and Predictions for 2012 thinking that this would be a great way to get some perspective on the New Year. The response has been overwhelming! Accordingly, here is Part 1 of a three-part blog post containing their top advice and predictions for the coming year.  But this isn’t the end – I will add in my own tips and predictions for 2012 at the end of Part 3 (can’t help but go out on a limb as well) and ask that you, good readers, add in your own tips and predictions by way of comments on the three blog posts.

Accordingly, here are Part 1 of the Tips and Predictions for 2012!

Karen MacKay:  Change is Neigh…

There will be more change in Canadian law firms in 2012 than we have seen in the last 3 years. In Canada, we will see more mergers and spinoffs.  Lots of change happened in the USA in 2011 that was forced on them by the economy.  The difference between what happened in the USA and Canada will be: The change in Canada will be created by strategic decisions within firms seeking opportunities rather than the financial change that was forced on the American firms.

Karen MacKay MBA CHRP, Phoenix Legal Inc., direct 416.657.2997, mobile 416.904.4848, e-mail kmackay@phoenix-legal.com, www.phoenix-legal.com.

Mitch Kowalski: 2012 – A Turning Point for the Canadian Legal Profession?

When I ran for Bencher in Ontario earlier this year (and was utterly thrashed at the polls!) I did so because I believed that the next ten years are critical to the future of the legal profession. Six months later, my view has not changed.

All over Canada, the legal profession faces challenges it has never faced in the past – and the challenges will only become more numerous. Richard Susskind was right on point when he wrote, “Law does not exist to provide a livelihood for lawyers any more than illness exists to provide a livelihood for doctors. Successful legal business may be a by-product of law . . . but it is not the purpose.”

As lawyers we must constantly earn our right to retain a monopoly over the practice of law. It should never be assumed that we will always have the exclusive right to give legal advice, prepare legal documents, close transactions or even appear in court. One just has to look to the U.K.’s Legal Services Act which is dramatically transforming that jurisdiction’s legal profession. Or, take a look to Australia with Slater & Gordon being the only publically-traded law firm in the world – a firm that was once based on a strong litigation practice but is now aggressively moving into commercial practice areas.

Canada cannot remain an island of lawyer-exclusivity for long – particularly if the legal profession shows itself to be incapable of coming up with creative and efficient ways to make legal services better, faster and cheaper. The commercial pressures of the global economy are too great to ignore and lawyers who stick their heads in the sand will become the dodo birds of the 21st century.

I hope that 2012 will be a watershed year in which meaningful change will finally commence to surface throughout Canada’s legal profession. The following are eight predictions of what can (and should) occur over the next 12 months. Read the rest of this entry »