Greetings and Welcome

Greetings and welcome to our updated and revised website. It has been completed as the world struggles to emerge from the COVID-19 pandemic. The pandemic has caused much disruption to the lives of millions, the economies of the world and the manner in which business, the practice of law and private resolution is conducted. All the while, some lessons have been learned and realities revealed such that fundamental change can be anticipated and should be both accepted and embraced post-pandemic in the practice of law and dispute resolution. I have endeavoured to observe, understand, adjust and promote, where appropriate, this accelerated evolution to the field and practice of dispute resolution.

Close to 30 years ago, as a ten-year lawyer, I was approached by colleagues handling a significant litigation matter to consider serving as a mediator for the first time. At that time, mediation, both in the private realm and within our Courts, was in its infancy both in terms of use and understanding. Over time, serving first as a mediator and eventually arbitrator, became a bigger component of my practice. By 2007 when I went into solo practice, Derer Law, private resolution services was becoming, by choice, my exclusive area of practice.

It has been professionally exciting to be part of a small handful of colleagues at the forefront, here in Alberta, of the dispute resolution practice field in a period where its use has experienced explosive growth.

I have observed, and in many instances endeavored to assist, litigation colleagues in their attempt to effect a career transition to dispute resolution. Very few, over time, have developed any meaningful traction in the field. It is clear that even without regard to experience and effectiveness, to enjoy any success as a mediator and arbitrator, one must, in the first instance, be liked, respected and trusted by the opposing parties and their counsel. I am humbled by the consistent support, trust and confidence that parties in dispute and their counsel demonstrate in retaining me to discharge the important work of facilitating resolution either through mediation or arbitration or a fusion of the two, med/arb, of a wide spectrum of disputes.

I am fortunate to be booked many months in advance with mediation and arbitration retainers. Thus, this website is not intended, and hopefully will not be viewed, as a platform for self promotion in the field of dispute resolution but rather as a resource for those interested in learning more about all aspects of this field of practice. Concurrently, I wish for this website to serve as a bridge to a better place in the field of dispute resolution by promoting best practices amongst mediators, arbitrators, counsel and their clients.

But how best to make this contribution to this field of practice in an age where lives are increasingly chaotic, a trust deficit continues to grow within society and in our institutions, fake news and the dissemination of deliberate misinformation is prevalent, conversations amongst many consist of exchanges of text or twitter messages preferably of 10 characters or less?

Over time, I have forged channels of communication and collaboration with leading private dispute resolution practitioners both in Canada and internationally and with experts in the field of social media communication. These connections, combined with my own experiences and observations in practice, will hopefully better inform the value and effectiveness of the contribution I hope to share through this website with interested readers. I have come to understand that substantive papers are passé, blog pieces – the shorter the better and preferably increasingly replaced by podcasts. These are but a few examples of the new reality in communication. I intend to have some fun in crafting my contribution to the cause of best practices in dispute resolution and, to that end, will be mindful of this new reality in communication, one that a famous Canadian philosopher, Marshall McLuhan, was prescient many decades ago in stating that “the medium is the message”. In the meantime, I invite you to visit this website and otherwise interact with me frequently and often as your schedules allow and interest motivates.