Getting off the conveyor belt: Saving time and money with ADR and pre-hearing conferences Irwin Fefergrad, C.S., B.A., B.C.L., LL.B Registrar, RCDSO (Certified as a Specialist by the Law Society of Upper Canada in Civil Litigation and Health Law) 11th International Conference on Medical Regulation London, UK September 10, 2014 The Conveyor Belt Getting off the Conveyor Belt Two Processes • • Complaints Process Discipline Hearings Conveyor Belt • • • • One size fits all Costly Time Consuming Process heavy Complaints • Parties to the proceeding Approaches • • Evaluative Facilitative Principles • • • • • • • Voluntary Cost free/funded by regulator Competence of Facilitator Impartial Accountable Confidential Parties determine the issues Overriding Values • • • Principles of fairness Never compromise the statutory mandate Protect the public and the public’s interest Discipline Hearings Benefits • • • • • • Possibility of settling any issues Simplifying issues Narrow issues Obtaining any admissions that may expedite the hearing Canvas penalty including length of suspensions, terms, conditions, limitations, specific courses Agreement on facts General Principles • • • • • Confidential and without prejudice The Discipline Panel cannot know Never compromise the statutory mandate Procedural fairness General/specific deterrence Getting off the conveyor belt: Saving time and money with ADR and pre-hearing conferences Irwin Fefergrad, C.S., B.A., B.C.L., LL.B Registrar, RCDSO (Certified as a Specialist by the Law Society of Upper Canada in Civil Litigation and Health Law) 11th International Conference on Medical Regulation London, UK September 10, 2014
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