DISPUTE RESOLUTION
I am pleased to offer mediation and arbitration services. My background in health law and construction law when I was in practice and my work as a member of the commercial and insolvency list when I was a judge provides a foundation to help parties reach a settlement that works for them or to decide cases where no agreement is possible.
REASONING AND WRITING FOR ADMINISTRATIVE TRIBUNALS
Here are some of the topics that may interest tribunal members:
Adequate reasons: Vavilov says that a tribunal must “ensure that the decision as a whole is transparent, intelligible and justified.” That means that the reasons must show the path to the result. What constitutes good reasons?
Making the decision – How do you decide? Do previous cases that are similar provide the answer? What is a similar case? What about when both sides of a case seem reasonable? These are just some of the questions that decision-makers may ask as they sort through documents and testimony to arrive at a decision.
Efficient decision-writing – A decision-maker does not need to repeat everything that was said in the courtroom or the hearing room. Creating a structure for a decision that is driven by the issues in the case helps ensure that everything important is said but unnecessary information.
Accessible language – The phrase we hear most often is ‘plain language’. I like the phrase ‘accessible language’ better when talking about decision-making. Even if you need to use legal, technical, or scientific language, there are ways to ensure that your readers understand.
21st Century Grammar – Some of the “old” rules are not rules at all, and sometimes will be an obstacle to effective writing.
Unconscious Bias – It is easy to say things or make assumptions simply because of who we are. We all have biases; the important thing is to recognize them and to ensure that they do not creep into our decision-making or decision-writing.
The words we use matter – Do you need to say someone is lying or is being untruthful? Is humour ever appropriate in legal decision-making? What’s wrong with saying a kind word to or about a litigant or witness?