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Staying on the Right Side: Navigating ethical issues in negotiation and settlement

Thursday, June 1, 2017, 12:30 pm - 2:00 pm EDT

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Douglas Ruck



Jeffrey Andrew

Union Counsel
Cavalluzzo Shilton McIntyre Cornish
Ian Mackenzie


Delayne Sartison

Employer Counsel
Roper Greyell


Using scenarios drawn from real-life situations, experienced labour and employment lawyers will provide guidance on a range of ethical issues that arise in negotiation and settlement, including:

  • Does the level of candour required in negotiations differ from that required in litigation? If so, how?
  • Does the level of openness and honesty required in attempting to settle a grievance differ from the level of candour required in collective bargaining or in negotiating contracts of employment?
  • Is it acceptable to raise the prospect of a strike or lockout if that prospect is very unlikely?
  • Is posturing the same as lying? If not, how are they different?
  • Is it ethical to bluff the value of a case to a mediator, in the hopes of achieving a favourable settlement? What about misstating the limit of settlement authority at mediation? Is it ever ethical to "low ball" your own client?
  • When, if ever, is it ethical to threaten or institute proceedings in order to gain leverage?
  • When a lawyer is engaged in settlement discussions or in mediation on behalf of an employer or union, what is the lawyer's duty to disclose information to the client and to the grievor?
  • What professional obligations must a lawyer bear in mind when a grievor refuses to accept a reasonable settlement?
  • When should a union lawyer advise a grievor to get independent advice on a settlement proposal?

Additional Information

Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

Audio conference MP3 files are available for $245. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $145.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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