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Culture Shift Needed For More Effective Legal System, Says Report

Culture Shift Needed For More Effective Legal System, Says Report
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FOR IMMEDIATE RELEASE
August 19, 2000


HALIFAX
- A ground-breaking culture shift that provides lawyers with new attitudes, skills and knowledge is the only way to help the justice system resolve disputes more effectively and efficiently, says a Canadian Bar Association Working Group in its report released today.

Resolving conflicts through methods other than the court system is the key to civil justice reform in the 21st century, says the Joint Multi-Disciplinary Committee on Legal Education in its report "Attitudes Skills Knowledge," released at the CBA's Annual Conference in Halifax today. But this new approach to resolving disputes can only be effective if it is made a fundamental part of ongoing legal education, says the report.

"Law schools, law societies, continuing legal education programs, and above all lawyers themselves each of these groups must participate in a profession-wide culture shift that looks at the courthouse as a last resort for dispute resolution, not the preferred destination," says Dr. Moira McConnell, professor of law at Dalhousie Law School and Chair of the Committee.

"If this culture shift doesn't take place," adds Dr. McConnell, "many of the alternative dispute resolution processes already in place, as well as those still to come, will slowly but surely take on the adversarial nature of the traditional court system, which will not benefit the public."

The Committee makes 27 recommendations to help achieve this culture shift, including:
  • Law schools should expose students to the theory and practice of conflict resolution practices, encourage teachers to learn about these practices, and institute research into their effectiveness.
  • Bar admission courses should teach conflict resolution to new lawyers and effectively evaluate Bar candidates on their dispute resolution skills.
  • Judges should have access to conflict resolution education and training opportunities.

The Committee's Report will be presented by Dr. Moira McConnell to CBA Council on Sunday, Aug. 20 at 11:30 a.m. in Port Royal A at the World Trade and Convention Centre, Halifax. The report follows Recommendation 49 of the CBA's landmark 1996 report of the Systems of Civil Justice Task Force, which recommended numerous changes to make the legal system more effective. The event is open to accredited journalists who have registered with the CBA Media Centre.

The Canadian Bar Association represents the legal profession on a national and international level. It is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, notaries, law teachers and law students from across Canada are members.

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CONTACT: Hannah Bernstein,, Aug. 19-23, CBA Media Centre, Halifax World Trade & Convention Centre, Mariner Suite 2 & 3, Port Royal Level, 1800 Argyle Street, Halifax (902) 491-4422. .
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