Qualification Path

Category 1: ADR Institute of Canada (ADRIC Chartered Mediator)

English

Current Position & Background

Extensive legal, business, and ADR experience. A lawyer for 37 years, Jim practiced civil litigation involving commercial and tort law at all court levels.

He has mediated or arbitrated more than 500 disputes involving commercial, industrial, public and residential construction, architectural services, franchise agreements, fatalities/disability/serious injury, employment, corporate dissolution, debt, shareholder agreements, trusts, tenancy, disability, insurance, industrial land sales, government contracts, fires, pipelines, municipal subdivision, petroleum/ coal exploration & development rights and other matters.

He is a Chartered Mediator and Chartered Arbitrator, has been President of the Alberta Arbitration and Mediation Society, and a Director of the ADR Institute of Canada. He is on the mediation rosters of the Provincial Court, the General Insurance OmbudService, the Alberta Land Surveyors Association, and the ERCB. He is on the arbitration rosters of the Canadian Transportation Agency, the Better Business Bureau, the Alberta New Home Warranty Program, the AIT Alberta Bid Protest Panel, and Chair of two NEB Pipeline Arbitration Committees.

Mr McCartney has been counsel to, and a director of, EIG Limited since 2005 and became Chair of the Board of Directors in 2009.

He maintains professional liability insurance and regularly attends and presents at continuing education courses.

CV available at http://www.mccartneyadr.com

Main Mediation Practice Areas

Commercial disputes
Unanimous Shareholder Disputes/Business & Partnership dissolution
Personal injury
Insurance coverage and claims
Professional negligence and conduct
Construction disputes--commercial, residential, and public
Conflicting natural resource rights
Rent and renewal rent disputes

Mediation Experience

Mediated over 500 disputes. Extensive litigation experience as counsel at all level of Canadian courts. Practice restricted to mediation and arbitration since 1995.

Mediation Style

Frequently asked to perform evaluative mediations. Comfortable with purely interest-based model as well. Preference is to keep parties in the same room for as long as productively possible. Use caucusing to discuss difficult/sensitive issues.

Willing to use all styles of mediation where requested by parties or where I believe it can bring about a satisfactory outcome.

Code of Ethical Conduct

IMI Code of Professional Conduct
Alberta Arbitration and Mediation Society Code of Professional Conduct
Law Society of Alberta Code of Professional Conduct

Complaints Process

IMI Professional Conduct Assessment Process
Alberta Arbitration and Mediation Society complaint process

Professional Indemnity Insurance

Lloyd's
Limit of $2,000,000 per loss, $4,000,000 per policy period, subject to group limit of $10,000,000 per policy period.

Feedback Digest

Reviewer: Gerry Doerksen ( gdoerksen@clientinsight.ca )
Latest Update: 14 Nov 2011 17:45

MEDIATOR: Jim McCartney

REVIEWER: Mr Gerry Doerksen C.Med, Managing Principal, Client Insight Inc.
gdoerksen@clientinsight.ca
Last Update: Tuesday 25th October 2011

This Feedback Digest is based on [14] feedback interviews completed by Client Insight Inc. between Apr/11 and Sep/11 for [9] mediations as updated on 25th of October, 2011. The interviews pertained to commercial disputes with a value (Cdn$) of 6 to 7 digits.
All of the respondents (100%) indicated that:
1) they will use Mr. McCartney’s mediation services again.
2) they will recommend him to colleagues and acquaintances.
3) they are satisfied that he is a skilled and effective Mediator.
4) they were satisfied with the process used for mediation.
Thirteen of fourteen respondents (93%) indicated that:
1) they resolved the dispute as a result of the mediation.
2) they felt that the mediation provided good value for the money.
Twelve of the fourteen respondents (86%) were satisfied with the result of the mediation. In three of the mediations both sides of the dispute were interviewed.

The clients interviewed were enthusiastic about Mr. McCartney’s strengths and provided more than ten affirmative comments / quotes per interview relating to his mediation skills.

Special strengths were noted in the areas of his commercial experience and his expertise at understanding and navigating disputants through highly technical matters. One respondent indicated that “Mr. McCartney has the appropriate skill set, intelligence and knowledge to deal with lawyers and complex matters.” A wide variety of experience was noted in the areas of litigation, arbitration and mediation. Numerous clients referred to Mr. McCartney’s subject matter expertise in the area of Tort and Contract law.

Combined with Mr. McCartney’s competence are his people skills. Respondents indicated his ability: to relate and connect with people; to show empathy and careful impartiality; to make people feel welcome in the room, that their opinions are valid, that they had a contribution to make and that they were being heard. They also mentioned his pleasantness and his ability to focus on what matters. Respondents referred to Mr. McCartney’s ability to adapt to different personalities and dynamics as they emerged.

Another special strength described by respondents is Mr. McCartney’s determination to assist parties in reaching settlement. Respondents made comments about his persistence and preparation; his ability to reduce things to simplest forms; his ability to keep the parties moving forward; his ability to focus on the right things; his ability to remain neutral and bring people to a point of being reasonable. Several respondents talked about previous cases in which Mr. McCartney had remained involved post-mediation and had assisted parties in reaching settlement.

In the area of his characteristics, respondents indicated that they value Mr. McCartney’s: honesty; trustworthiness; approachability; ability to speak in plain language; genuineness; level of credibility; ability to build credibility with a wide variety of parties within a mediation; professionalism; perspective; ability to play ‘the devil’s advocate’ and make people think; and the fact that his opinions carry weight during an evaluative mediation.

Respondents indicated that Mr. McCartney’s skills made a difference in the outcome of the mediation. They referred to: his ability to establish a constructive environment; his preparedness and organizational skills; his patience and willingness to let parties speak and interact before intervening; his ability to intervene when necessary and provide a calming influence; his ability to help parties to focus on what was important. Reference was made to his ability to identify the interests that needed to be talked about. “Mr. McCartney, assists both sides to communicate in an articulate and clear manner.”

Several Clients indicated that they have used Mr. McCartney on multiple occasions – the first for more than 8 cases and a second for between 20 to 30 cases. There was no reportable negative feedback.

For more detailed feedback regarding Jim McCartney or McCartneyADR click here. http://bit.ly/jmcresults

Professional Affiliations

Alberta Arbitration and Mediation Society (Past President)
ADR Institute of Canada (former Director)
Law Society of Alberta

Fee Rate

$500/hour for time spent. Late cancellation and minimum hour fees apply in some circumstances. No charge for travel time.

References

Available upon request.

Mediation Education and Training

AAMS Mediation Theory & Skills, Level I and II
AAMS Switching from Positions to Interests
Numerous Seminars--attended and presented

Mediation Teaching and Mentoring

Participant in teaching Dispute Resolution II--Negotiation at University of Calgary Law School 2010, 2011