Education 1997. Master of Laws Degree (LL.M.) (ADR) Osgoode Hall Law School. 1986. Admitted to the Bar of Ontario. Osgoode Hall, Toronto. 1984. Bachelor of Laws Degree (LL.B.) University of Ottawa. 1979 - 81. Bachelor of Arts Program. York University.

Employment

2002- Ongoing. Consultant - DRS - DISPUTE RESOLUTION SERVICES LP.
Dispute resolution consulting services provided on behalf of DRS Dispute Resolution Services LP.

1997 - 2002. Coordinator - DISPUTE RESOLUTION OFFICE.
Established the Dispute Resolution Office - a central government resource in ADR. The Office provides ADR consulting and training services, including: designing dispute systems; conducting training programs; drafting dispute resolution clauses; providing third party services including mediation, facilitation, fact-finding investigations.

1995 - 1997. Mediator FINANCIAL SERVICES COMMISSION OF ONTARIO.
Conducted mediations in respect of claims for statutory accident benefits arising from motor vehicle accidents; coaching, mentoring and training functions.

1992 - 1995. Legal Counsel SOCIAL ASSISTANCE REVIEW BOARD.
Provided legal advice and training to Board members.

1990 - 1992. Lawyer FRASER MILNER.
Civil and administrative law practice, including labour, employment law, and human rights.

1987 - 1990. Lawyer DIAMOND, FAIRBAIRN.
Administrative law practice.

1986-1987. Lawyer BRISTOW, GILGAN & GLAHOLT.
Law practice specializing in civil and commercial litigation matters.

ADR Consulting Work

Systems Design and Evaluation:

1998. Designed a stakeholder consultation strategy for implementation of the Ontario Mandatory Mediation Program.

1998. Assisted in establishing the Provincial Dispute Resolution Office - a central government resource providing training and consulting services in dispute resolution.

1999. Designed a consultation process for stakeholders in respect of land negotiations on behalf of the Ontario Native Affairs Secretariat.

1999. Designed and implemented a dispute resolution process to resolve disputes relating to public access to beaches in Tiny Township.

2000. Designed an ADR Program in respect of Resource Stewardship Agreements, to resolve issues between Ontario’s forestry and resource-based tourism industries.

2000. Provided advice on the drafting of a dispute resolution mechanism in the Federal/Provincial/Territorial Social Union Framework.

2000. Designed and developed a mediation process in respect of immigration appeals before the Immigration Appeal Division of the Immigration and Refugee Board.

2001. Participated in the design of the mediation and arbitration program for the Town of Walkerton Compensation Program.

2001. Designed a multi-party consultation and facilitation process in respect of proposed legislative amendments to the Municipal Act.

2001. Designed a stakeholder consultation framework regarding the issue of paralegals.

2001. Drafted an evaluation framework in respect of the Immigration and Refugee Board, Immigration Appeal Division’s ADR process, and participated in the selection of the Program Evaluator.

2001. Designed a dispute resolution process in respect of disputes arising in the trucking industry.

2002. Designed the mediation and facilitation process for the Oak Ridges Moraine lands.

2002/03. Designed an ombuds process to resolve insurance-related disputes between policyholders and insurers, known as the “Canadian Life and Health Insurance OmbudService”.

2002/03. Designed and implemented an arbitration process to resolve disputes between the Ontario New Home Warranty Program and builders, known as the “Builder Arbitration Forum”.

2003. Designed an Evaluation Framework for the Ontario New Home Warranty Program, Builder Arbitration Forum.

2003. Designed a dispute resolution process for the YMCA’s Wage Subsidy Program.

2003. Designed an ombuds process for a major highway.

2003. Designed an ADR Claims Resolution Process in respect of a train derailment.

2005. Designed a multi-party workplace mediation process for a professional faculty at the University of Toronto.

2006. Designed a mediation pilot program for the Social Benefits Tribunal.

2006. Conducted a design review of a Hospital’s Dispute Resolution Process.

2006. Designed a Dispute Resolution Review Process for a community access care centre.

Mediation/ Facilitation/ Fact-Finding Investigations/Arbitrations:

1992-1994. Conducted settlement pre-hearings as part of the grievance settlement process at the provincial Grievance Settlement Board.

1994-1996. Conducted mediations relating to statutory accident benefit entitlements at the Financial Services Commission of Ontario.

1998. Conducted a multi-party workplace fact-finding and mediation involving allegations of harassment, discrimination, and a poison work environment for the Ontario Human Rights Commission.

1999-2000. Conducted a multi-party mediation involving three provincial financial institutions regarding a poison work environment, including issues between members of management, and members of management and staff.

2000 ongoing. Conducting mandatory mediations as a Member of the Mediation Roster - Ontario Mandatory Mediation Program.

2001. Conducted a multi-party workplace mediation involving claims of harassment at a provincial courthouse.

2002. Participated in the Oak Ridges Moraine mediation process with Mediator David Crombie.

2002/05. Conducted mediations for the Canadian Human Rights Commission relating to issues of harassment and discrimination in the workplace.

2002/03. Conducted multi-party workplace mediations between union and management for a teaching hospital.

2002/03. Conducted a workplace mediation between a staff member and management on behalf of a police organization.

2003/06. Conducted multi-party workplace mediations for a professional faculty of a university, involving workplace issues between staff, and between staff and management.

2004. Conducted a workplace dispute between two staff members at a law firm.

2004. Conducted a fact-finding investigation for the Ontario Trustee of Investigations at the Ontario Human Rights Commission in respect of a human rights complaint.

2004. Conducted two Independent Third Party Reviews on behalf of the Federal Canadian Food Inspection Agency in respect of workplace grievances.

2004. Appointed to the Mediation Roster for Mediation Services in the Federal Government Workplace developed by the Federal Public Works and Government Services Canada.

2005. Conducted a workplace mediation on behalf of a University Continuing Education Department involving issues of harassment and ineffective communication.

2005/06. Conducted a multi-party workplace mediation on behalf of an administrative office situated within a professional faculty of a University, involving issues between management and staff.

2006. Conducted a workplace mediation on behalf of a professional faculty involving a dispute between a manager and a staff member with harassment and bullying issues.

ADR Courses Completed:

• Ryerson University - Diploma Graduate, Family Mediation, 1987
• St. Stephen’s Community House - Diploma Graduate, Conflict Resolution, 1993
• University of Toronto - Diploma Graduate, Mediating Conflict, 1994
• Osgoode Hall Law School LL.M Program:
  - ADR Introductory Workshop. 1995
  - ADR Core Course. 1995
  - Mediation of Insurance Disputes, 1996 - 97
  - ADR Process Design Course, 1996
  - Public Policy Dispute Resolution, 1996
  - Practicum: Workplace Discrimination/Harassment
  - Thesis: The Role of the Ombuds in the Resolution of Sexual Harassment Disputes
  - Advanced Mediation, 1997
  
• CDR Associates Inc. - Mediator Challenges Workshop, 1997
• Settlement Officer - Grievance Settlement Board, 1992 - 94
• Stitt Feld Handy Houston - Advanced ADR Workshop, 2002
• Osgoode Professional Development Program - Basic Conflict Coaching, 2003
• Osgoode Professional Development Program
  - Co-Chair, Contemporary Perspectives in Conflict, 2003
  - Co-Chair, Mediation in the Insurance Industry, 2004
  - Co-Instructor, Mediation Primer, 2004

ADR Teaching Activities

Professional Associations

Publications

"The Future of Alternative Dispute Resolution in Ontario: Mechanics of the Mandatory Mediation Program", (1998), 20(4) Advocates Quarterly 389.

"The Institutionalization of Alternative Dispute Resolution: A Case Study of the Ontario Insurance Commission", (1996), 6 Canadian Insurance Law Review 265.

Phone: (416) 250-5050 or (416) 784-4113
E-mail: elanafleischmann@rogers.com

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