: Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document? If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized. This article has its origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more] The post The “Standard” Agreement to Mediate appeared first on Slaw
: Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout . Arbitration has resolved salary disputes between player and team. This summer, we encountered another one. A trade that would return Kawhi Leonard to the Toronto Raptors has been delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more] The post You Can’t Hurry Judge appeared first on Slaw
: A consensus is emerging in law schools across Canada and the US that AI has no place in teaching the core curriculum, because it impedes student learning, especially in first year. Schools are beginning to follow the University of Chicago’s lead in banning AI in first-year core courses. Some profs are also banning laptops in classrooms — taking every precaution to shield students’ developing minds from the corrosive effects of AI. Michael Plaxton, one of the leading voices in Canada thinking through the many challenges AI poses to legal education, crystallizes the argument: “The case for law schools must be . . . [more] The post The Argument for Encouraging Student Use of AI in First-Year Law appeared first on Slaw
: Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage. Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more] The post Reconsidering Common Objections to Mediation appeared first on Slaw
: The beginning of another academic year has me reflecting on what more we can give students beyond the curriculum. We spend considerable time thinking about what students need to know and what they need to be able to do. We develop learning outcomes, create assignments, design simulations, evaluate learning, and provide feedback. All those things are important. However, some of the most valuable learning opportunities are not found in the curriculum at all. Sometimes, they arrive in an email. I remember an interaction with a student from several years ago. The student had sent a series of emails that were, . . . [more] The post The Learning Opportunities We Don’t Plan For appeared first on Slaw
: Over the past several years, artificial intelligence has moved steadily from the margins of organizational life toward the centre of ordinary operations. It now appears throughout the systems organizations rely upon and the work their people perform, frequently arriving without any deliberate decision to adopt it. For a growing number of organizations, the question is no longer whether artificial intelligence will appear in some form. It has already arrived, and that development carries real implications for boards of directors. I have spent a fair amount of my career in and around boardrooms, working on questions of corporate governance, non-profit governance, . . . [more] The post What the Minutes Show: Boards and the Governance of AI appeared first on Slaw
: Once a patent is granted, it can be asserted in litigation against an alleged infringer. One of the remedies that can be obtained is “reasonable compensation” for pre-grant infringement pursuant to section 55(2) of the Patent Act . While relief is often sought and granted for pre-grant infringement, the remedy hassome subtleties, including those arising from changing practices at the Canadian Patent Office. Section 55(2) of the Patent Act states the following: 55(2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee . . . [more] The post Patent Publication Dates appeared first on Slaw
: The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appeared first on Slaw
: Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more] The post Shadow AI: A Growing Problem for Canadian Courts appeared first on Slaw