Obligation to Encourage Settlement

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Description

Recorded on Thursday, February 6, 2020

Did you know that the Rules of Professional Conduct governing both lawyers and paralegals in Ontario impose ethical obligations on members to encourage settlement and to consider the use of Alternative Dispute Resolution (“ADR”) options, such as mediation?

Under the Law Society’s Rules, Ontario lawyers and paralegals are obligated to:

  • Advise and encourage clients to compromise or settle a dispute whenever possible on a reasonable basis;
  • Discourage clients from commencing or continuing useless legal proceedings; and
  • Consider the use of ADR, inform clients of ADR options, and if instructed, take steps to pursue those options.

So what are the costs and consequences if you don’t meet your obligations?

This webinar will help you better understand your ethical obligations regarding your ‘duty to settle’ and how to best serve your clients. Various ADR options will be discussed, situations when each may be useful and how the courts may assess your efforts to settle or not settle.

Presenter: Marcel Mongeon, LLB, LLM has more than 30 years of corporate negotiation experience as well as
significant experience in Alternative Dispute Resolution.

Accredited for 60 Professionalism minutes in Ontario. Others check with your authority.