Michael Butterfield is a well respected writer on legal issues. He is recognised by many of his peers as an authority in dispute resolution and access to justice. The following articles have been published in the Canadian Bar Association Journal.
Until recently, many mediators felt that mediation would be inappropriate where there is a history of Inter-personal Violence (“IPV”). That perspective has evolved and there is now recognition that, with appropriate screening and accommodation, mediation is safe and effective…
On July 1, 2020, s.16(3)(e) of the Divorce Act (Canada) comes into force. This section requires the court to consider the “child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; when making parenting decisions.” …
There are many obstacles to accessing justice. Cost and delays are often cited as major obstacles. Over the last decade, governments and litigants have increasingly looked at the Alternative Dispute Resolution (“ADR”) toolkit for simpler and quicker resolution. However, the s…
Last year, the Law Society of BC (“LSBC”) received approximately 1,100 new complaints about lawyers. About 1,000 complaints were resolved at the staff level, while approximately 130 were referred to either the Discipline Committee or the Practice Standards Committee for furth…
Audits can be scary – especially for small practices that may not have a sophisticated financial management structure. While most firms are familiar with trust audits, a growing number of firms are facing PST audits as well. Do your services attract PST? The growth in P…
The 2013 BC Family Law Act (“ FLA ”) entrenched the use of mediation and arbitration in family law disputes. Over the last four years, mediation has flourished while arbitration remains a rarity. Family law arbitration offers a number of advantages: Speed – The proce…
In the commercial world lawsuits can take the focus away from the business, strain cash flow, and drain entrepreneurial energy. The longer that the dispute drags on, the more damage there is to the enterprise. Arbitration offers a faster alternative to litigation. While s…
