Deconstructing Artificial Borders
OCT 20-22, 2021 – ONLINE
A CONFERENCE BUILT ON THE COLLECTIVE WISDOM OF OUR COMMUNITIES
Opening Night Presentation:
Wednesday, Oct 20, 2021
Register Here for Free!
6:00 pm – 8:00 pm (PDT) via webinar
Thursday and Friday
Oct 21 and 22, 2021
Day 1: 9am – 8pm (PDT) via webinar
Day 2: 9am – 4pm (PDT) via webinar
October 22, 2021
9:00 – 9:30 AM PDT
IUU Fishing: Crossing the Border between Land and Sea
Amy Louise Hall
9:00 – 10:00 AM PDT
Thinking Outside of the Box: Expanding Our Ideas of “Family”
Zara Suleman — Suleman Family Law, North Vancouver
9:00 – 10:15 AM PDT
How a Good Idea Became a Bad Idea: Putting the Brakes on Non-Disclosure Agreements
The ability to protect confidential trade/research information in a non-disclosure agreement seemed reasonable – until NDAs started to appear in almost every area of civil settlement including sexual assault and abuse, product liability, construction defects, workplace terminations, human rights complaints, even personal injury cases. Far from narrowly drawn trade secrets, NDAs are now routinely used (along with non-disparagement clauses) to suppress discussion following a settlement of any type of bad experience including discrimination and harassment and sometimes potential crimes, treating these as if they are “trade secrets”. In the face of coming legislation to restrict the enforceability of NDAs in the US, Canada, Ireland, England & Wales what should mediators and lawyers be thinking and doing to be both proactive and ethical?
Professor Julie Macfarlane – Director of Strategic Innovation
9:35 – 9:50 AM PDT
Ending Fisheries Conflict: An Elusive Catch
Fisheries conflicts exist in different dimensions and scales and continue to evolve as resource users increase while fisheries dwindle. Conflict ranges from local fishermen repulsing migrant fishermen in their localities to country restrictions regarding foreign vessels; or artisanal and recreational fishers competing to meet their needs. This diversity of fisheries users and uses in the same space coupled with the issues of ownership and governance can set the stage for more intense and sustained fisheries conflicts. I will explore these scenarios and the role that mediation can play in management of fisheries conflict.
Sarah Ater, ACIArb
9:50 – 10:20 AM PDT
Transforming Water Conflicts Across Boundaries
In facilitating and studying water conflicts around the world, Votteler has come to appreciate both the limitations of the rational models on which we in the West base our understandings of conflict and cooperation, and the wisdom, constructs, and practical tools of the world’s faith traditions and Indigenous communities in working toward deep interactions around contentious issues. In this presentation, we will explore:
- the interweaving of science and politics through, for example, “dueling experts”
- cross-cultural models of understanding the sources of conflict and anger
- deep listening skills for identifying common values
- methods for elevating and nuancing dialogue as pathways to understanding
- techniques for self check-ins for potential conflicts within
Todd H. Votteler, Ph.D — President, Collaborative Water Resolution LLC, Austin, TX
10:25 – 11:00 AM PDT
Ecotones: A New Conception of Borderlands
As areas of confluence in the natural world, “ecotones” are especially rich in biodiversity. Viewing ecotones as a concept, we can begin to apply their value in human contexts—in particular, life transitions or crisis moments such as seemingly-impassable conflict. This interactive presentation will offer:
- a definition of ecotones and examples of their value in natural settings
- a means for “translating” the language of ecology into useful concepts in our work
- a vision for how ecotones, as boundary lands, apply to our mediation and peacemaking efforts
Learn how a new vision of borderlands can invigorate and expand our work.
Dr. Jennifer J. Wilhoit — Founder, TEALarbor Stories, Bainbridge Island, WA
10:05 – 10:35 AM PDT
Kids and Cross-Border Parenting: The Importance of Meaningful Participation and Voice
Children and youth are often caught in the middle of parental separation, and that sometimes involves parenting arrangements that extend across borders. The well-being of kids is enhanced when they have meaningful participation and voice in decision-making that affects their lives in significant ways, including where they live and go to school. Using a child-centred approach, this session will discuss child participation and why it is important (referring to ACEs and the UNCRC) and create space for a dialogue about how it can be done safely and effectively.
Kari D. Boyle, LLB — Coordinator, BC Family Justice Innovation Lab, North Vancouver
10:30 – 11:00 AM PDT
The Risks of Employment Litigation in a World of Work without Borders
Looking at the globally distributed post-COVID workforce, the room for employment disputes are rife and employers need to review their respective risks from the bird’s eye view of their distributed workplace. In the war for global talent and a global footprint, what laws have jurisdiction over your workplace and can you comply?
- alternative dispute resolution clauses in employment contracts
- avoiding multiple jurisdiction claims (domicile of employee and of HQ company)
- protecting and enforcing the employer’s proprietary interest and NDA undertakings in an agile ever-changing company
Sherisa Rajah Baird — Vice President, Employment Law & Compliance, Elements Global Services, Virginia Water, Surrey, England
10:40 – 10:55 AM PDT
Virtual Pro Bono Mediations: Breaking Down Financial and Geographical Barriers
COVID-19 has disrupted the traditional methods used by legal service providers to connect low income and marginalized clients with legal services. In this unprecedented moment of change, technology represents a significant opportunity to enhance service provision to clients by eliminating geographical, administrative, and financial barriers to access to justice.
The Access Pro Bono has partnered with a local technology start-up, Qase, to enhance the mobilization of pro bono volunteers and the private bar to meet the needs of low income and marginalized clients across the province of BC using an online platform that facilitates real-time bookings between clients and legal service professionals.
Sarah R. Levine, J.D., M.Ed., C.C. — Mediator, Grounded Mediation, Vancouver
Erin Monahan — Project Manager, Access Pro Bono Society of BC, Vancouver
10:55 – 11:00 AM PDT
Impact of Grief in Conflict Resolution
Grief easily affects people mentally, emotionally, and physically. Grief may also cause depressions and emptiness. Therefore, it may affect the way in which people make decisions and it is advisable not to make major decisions while in this state of mind. When one goes into a mediation session while in this condition, they need help to make the right decision. The mediator has a big role to play in ensuring that the person grieving does not make a decision that would be regretted later.
Patricia Oketch — Counselling Psychologist and Certified Professional Mediator, Nairobi, Kenya
11:10 – 11:59 AM PDT
White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall
White Borders charts the country’s evolution from a small settler colony with open immigration but closed citizenship policies to its present day push for border walls, strict immigration laws, and a massive federal immigration police force. The talk will highlight connections between the Chinese Exclusion laws of the 1880s, the “Keep America American” nativism of the 1920s, and the “Build the Wall” chants of recent years.
Professor Reece Jones — University of Hawai’i
1:00- 1:50 PM PDT
Refugees, Borders, and Stories: Supporting Community Dialogue on Polarizing Topics
Dr. Erin Goheen Glanville
2:00- 2:30 PM PDT
De-construction Ahead: Examining How Technology Can Break Down Boundaries in the Workplace for BIPOC
A recent study revealed that about 97% of Black employees who are currently working remotely want a hybrid or full-time remote work model moving forward, compared to 79% of their white peers. Office-centric work has been deeply uncomfortable for many minority workers, who are subjected to microaggressions and discrimination, despite decades of efforts to combat this phenomenon. This presentation will hit 5 key points with observations and strategies for moving forward in this new environment. Pandemic concerns aside, work is probably not going back to the way it was, but more importantly, this presentation will examine whether it should.
Commissioner Brenda D. Pryor and Commissioner Stephanie Collier — Federal Mediation and Conciliation Service
2:00- 2:55PM PDT
Reading Conflict Resolution in Science Fiction Television
Sharon Sutherland — Mediate BC, Vancouver
2:00- 2:30PM PDT
Digital Family Justice: Machine Listening, Improvisation and Access to Justice in British Columbia
This presentation will discuss preliminary empirical research emerging from a Canadian Foundation for Legal Research (CFLR)-funded project by the same name, which interrogates whether Digital Family Justice, as currently conceived, meets Access to Justice (A2J) requirements in BC, in which justice is not just about increased accessibility to legal advice and/or judicial decision-making, but also about ensuring individual cases are listened to with the depth and creativity that the singularity of the situation demands—and asks whether machine listening technology can better address these needs?
Kristen Lewis — Victoria
Dr. Sara Ramshaw — Professor of Law and Director of Cultural, Social and Political Thought (CSPT), University of Victoria, Victoria
2:35- 2:40PM PDT
Decentralized Resolution for Africa: To Reset the Unforgotten DR in the Mediation Service Centres DR Alphabet (A Sneak Peak at the European Commission European ODR Platform)
Alternative Dispute Resolution (ADR) and ODR have been explored. The session will explore Decentralized Dispute Resolution (DDR) as a framework enabling trust and self-service to the citizens across Africa by development of mediation service centres. Taking a sneak peak at the European ODR platform; the European ODR platform is an online platform used by 31 countries that is available in 25 languages. In the first two years the ODR platform had 4 million visitors, and handled 50,000 complaints. With a monthly average of 3,719 complaints (2018). A dispute may be resolved directly between the trader and the consumer by exchange of messages and photos of the product. Or through an approved dispute resolution body that is listed on the ODR platform within 30 days.
Wangari Kabiru — Covenor, Wasilianahub Africa, Nairobi Kenya
2:40 – 4:00 PM PDT
Tech Tools Show and Tell (Facilitated Workshop)
Roger A. Moss — Vice Chair, Washington State Bar Association Alternative Dispute Resolution Section, Confict Resolution Service, Bainbridge Island, WA
Amanda Semenoff — Mediator, Quarantine Conflict Resolution Service (BC), New Westminster
2:45 – 4:00 PM PDT
Barriers and Benefits of Remote Dispute Resolution
As dispute resolution professionals, we may have dabbled in providing our services remotely. But for many, this past year and a half has been a new frontier. Learn how to overcome the obstacles that remote practice may present while also harnessing the positives for both the professional and the client. Tips and suggestions for effective use of remote tools will be offered to help you navigate issues such as working with adversity, managing the emotional climate and supporting clients remotely. As well, we’ll take a look at the future of virtual practice in a post-COVID world.
Lori Brienesse-Frank, Q.Med. — Lori Frank Mediation & Consulting, Victoria
Kellie L. Tennant, BSW, MSW — 2 Worlds Consulting, Counselling & Mediation, Maple Ridge
3:00 – 4:00 PM PDT
BREAK (4:00 – 5:00 PM PDT
5:00 – 7:00 PM PDT
Deconstructing Borders Watch Party
Join us to watch and discuss documentaries created by speakers at our conference.
But I Was Wearing A Suit Part II + Q&A with Vikaash Prasad
But I Was Wearing a Suit is a mini-documentary about the racism that Indigenous lawyers and law students face within the legal profession. It is a grassroots project of a group of Indigenous lawyers, produced with the support of the Continuing Legal Education Society of BC and the Law Society of BC. Part I is viewable here.
Borderstory + Q&A with Dr. Erin Goheen Glanville
Borderstory tells a familiar story about the border as the primary tool for citizens’ safety. It seems true because it has been repeated so often. But displaced people tell more interesting, complex stories. Borderstory invites you into a dialogue about borders led by people on the move. What do you believe to be true about borders? What might you learn from other experiences? What’s your border story?
Older Than the Crown + Q&A with Shelly Boyd and Derrick LaMere
Older Than the Crown follows the trial of Sinixt tribal member Rick Desautel who in 2010 was charged with hunting as a non-resident and without a proper permit in Canada. Rick harvested an elk on the ancestral land of the Sinixt people in Vallican, BC, Canada. To the Sinixt, hunting on ancestral land is an Aboriginal right gifted to them by Creator. A right that has legally been denied to the Sinixt people since 1956 when the Canadian government unjustly declared them extinct in Canada, despite the nearly 3,000 members existing on the Colville Indian Reservation in Washington State. Now with the Desautel Hunting Case, the Sinixt people have a chance to not only bring light to their unjust extinction by the Canadian government, but also abolish the declaration completely.