As part of the University of Saskatchewan's Centennial Conference on the Future of Law, I was asked to provide some comments on the future of dispute resolution. Being a full-time practitioner in the area of civil, primarily commercial, disputes, I was asked to consider the topic from my own perspective. After reflecting for some time, reviewing some academic literature, seeking input from colleagues at the bar, and doing some very unscientific statistical analysis, I compiled the following notes. My comments will not reflect the experience of all, or perhaps any, other practitioners in the area. I offer my comments to encourage reflection and discussion.
I observe four trends in commercial dispute resolution that I expect will influence the future: the convergence of modes of domestic dispute resolution; the perceived erosion of commercial jurisprudence; increased access to foreign law; and the dramatic increase in the volume of records.
Published in the Saskatchewan Law Review 76 Sask. L. Rev. 213 2013.
