Kathryn A. Raymond

As a member of the arbitral and mediation community, Kathryn Raymond resolves disputes in both the private and public sectors. This includes labour relations arbitrations through Ministerial appointment under the Nova Scotia Trade Union Act and through appointment as a Board of Inquiry for purposes of adjudicating complaints of discrimination pursuant to the Nova Scotia Human Rights Act. Kathryn has extensive experience as neutral counsel to adjudicative and investigative tribunals in a professional regulation and healthcare context. Her areas of interest include both regulated and consensual dispute resolutions design and improving ADR processes for unionized and non-unionized workplaces and for professional groups.

Kathryn brings significant experience as neutral counsel to adjudicative and investigative tribunals in a professional regulation context to her ADR practice. Kathryn’s strength is the ability to understand the nuances of complex issues, inter-personal relationships and dynamics, as well as complex legal settings. 

In addition to her role as neutral counsel to tribunals in professional disciplinary context, Kathryn has acted as an advocate for all parities to such proceedings, representing the interests of patients, prosecuting on behalf of administration and defending professionals. Her comprehensive knowledge of the challenge of dispute resolution in health care has evolved from years of addressing conflict between individual health care providers and within both small and highly complex organizations and institutions. This includes professional and clinical staff such as physicians involved in disputes concerning hospital privileges, by-law appointments, conflict between physician leaders, contractual issues and professional licensing, negligence, allegations of disruptive behaviour and professional misconduct, patient complaints, as well as Board governance, and other intra-management disputes. As senior counsel, she has twenty-four years experience in the active practice of law and continues to provide strength and experience to clients in the healthcare sector and in the context of professional regulation and employment.

Services include mediation, arbitration, mediation/arbitration (med-arb), neutral case evaluation, fact-finding, ombuds processes, mini-trials and private final appeals in civil disputes. Kathryn offers related dispute systems design, policy development, training & education for adjudicators and conflict management services. The right approach can resolve complex disputes in a private, confidential and relaxed setting. Kathryn works with the participants to ensure that the process used to resolve a particular problem fits the parties' needs.

Mediation

Kathryn uses an interest-based approach to mediation, where appropriate. This is particularly effective where the parties have an on-going relationship or where legal and other rights are at stake. This approach allows the parties to have an opportunity to state their concerns and then move to explore options for settlement, either in private or in joint session, with the focus being the true concerns and needs of each party. Kathryn will assist you in exploring the options until a mutually agreeable and specifically crafted resolution is obtained. Resolutions can address a variety of needs and be quite elegant in terms of content and implementation.

Alternatively, Kathryn can assist the parties in resolving monetary or other disputes where the outcome does not include the consideration of an on-going relationship between the parties. The process shares a number of the same features as interest-based mediation but focuses more on legal rights and bringing parties who have been in impasse to resolution by integrating their financial interests. 

Kathryn can also take a “rights-based role” to provide input regarding the strengths and weaknesses of each party’s position based on her view as to what a court might find based on the facts presented on the mediation. This function is essentially providing a neutral case evaluation on the basis that the evaluation is provided to the parties jointly and is non-binding. 

There is a range of approaches to mediation. The procedure used can be tailored to meet the agreed needs of the parties. Counsel may wish to have a preliminary teleconference with Kathryn to discuss the appropriate approach, bearing in mind the stage of the dispute, the nature and the complexity of the issues.

Arbitration

Arbitrations are an expeditious, cost effective, private and confidential means of achieving a binding resolution of a dispute. The parties have control over many aspects of the proceedings, including timing and other matters as to procedure, subject to the provisions of any applicable legislation or collective agreement. It is recommended that the parties participate in a pre-arbitration discussion with Ms. Raymond to try to narrow the issues in dispute and address procedural matters in the interests of efficiency and cost savings.

Med-Arb

Mediation-Arbitration provides an opportunity for people in dispute to try to develop their own unique outcome with the assistance of a mediator on the understanding that the process will convert to binding arbitration if the matter cannot be mediated successfully. This process ensures that a result will be achieved on a timely basis and yet allows for flexibility and creativity in the process and result.

Other Approaches

Ombuds processes, fact–finding, private final appeals in civil disputes, dispute system design, adjudicative decision-making, training & education and conflict management services available upon request.

For information about scheduling please visit http://www.adrweb.ca/kathrynraymond or contact Kathryn directly at the number above.

EDUCATION

• 2008: Mediator’s Skills Training Course, “Mediating Justice:  Learning to Mediate in a Rights Based World”, conducted by the Honourable George W. Adams, Q.C., Toronto, Ontario
• 1982 – 1985: LL.B., Dalhousie University, Halifax, Nova Scotia
• 1981 – 1982: Bachelor of Arts Program, University of King’s College, Dalhousie University, Halifax, Nova Scotia
• 1979 – 1981: Bachelor of Arts Program, Acadia University, Wolfville, Nova Scotia

CAREER OVERVIEW

• 1990 – Present: Partner – Boyne Clarke LLP
• 2008 – 2009: Acting Executive Director, Nova Scotia Health Organizations Protective Association, a reciprocal insuring the healthcare sector in Nova Scotia for liability and property claims, from October to February.
• 1989 – 1990: Consultant, Metropolitan Hospital Advisory Committee/Cou  ncil Teaching Hospitals and the Nova Scotia Department of Health; hospital bylaw development and healthcare consulting services.
• 1987 – 1989: Legal Counsel to the Ministry of Health for the Province of Ontario; health, administrative and labour law.
• 1985 – 1987: Gluckstein Neinstein, Barristers & Solicitors, Toronto, Ontario; personal injury and employment law.

APPOINTMENTS AND CONTRIBUTIONS

• Appointed to the Nova Scotia Assessment Appeal Tribunal
• Appointed as Chair of the Crop and Livestock Insurance Arbitration Board, 2012 - Present
• Appointed as Chair of the Nova Scotia Barristers’ Society Task Force on the Model Code of Conduct, November 2011 – present and member, 2010
• Appointed to the Nova Scotia Minister of Labour’s List of Arbitrators, January 2009 - present
• Appointed to the Nova Scotia Human Rights Commission Board of Inquiry Panel Roster, September 2009 – present
• Named one of LawDay's Top 26 Leading Health Law lawyers in Canada for 2009
• Nova Scotia Barristers’ Society, member 1990 - present
• Law Society of Upper Canada, member 1987 - 1996
• Ethics and Professional Responsibility Advisory Committee for the Nova Scotia Barristers’ Society, Chair 2009- present, member, 2008
• Nova Scotia Barristers’ Society Task Force on the Model Code of Conduct of Canada, 2010
• Atlantic Labour Arbitrators Association, 2008 - present
• ADR Atlantic Institute, 2009 - present
• Mental Health Foundation of Nova Scotia, Member of the Board, 2000 - 2009, Chair of the Governance Committee 2009 - present, Chair of the Capital District Mental Health Program Grants Committee, 2008, and Member of the Provincial Grants Committee, 2007
• Canadian Bar Association, 1987 - present, Former Chair of the Health Law Subsection of the Canadian Bar Association (Nova Scotia Branch)
• Canadian College of Health Leaders, 1999 - present, Member of the Board of the Bluenose Chapter
• American Society for Healthcare Risk Management, 2009 - present
• Nova Scotia Health Organizations Protective Association, Member of the Board, 2000 – 2011, Chair of the Audit Committee, 2010 - 2011
• Council of Canadian Administrative Tribunals, 2009 - present
• Nova Scotia Medical Legal Society, 2003 - present
• Appointed to the Steering Committee on Regionalization of Health Care of the Nova Scotia Provincial Health Council, 1995

SPEAKING ENGAGEMENTS

Kathryn’s speaking engagements have included lectures on Health Law and Administrative Law issues for organizations such as the Continuing Medical Education Program of the Dalhousie Medical School, the Health Law Institute affiliated with Dalhousie Law School, the School of Physiotherapy, the School of Nursing and the School of Health Services Administration at Dalhousie, the Canadian Bar Association both at the Provincial and National level, NSAHO, the Nova Scotia Barristers’ Society, and the Department of Health, and includes invitations to speak to various hospital institutions, organizations, and health care providers across the province as a legal advisor and more recently as an arbitrator and mediator. She has also been invited to lecture on Employment Law issues by Saint Mary’s University, the Canadian Bar Association, the Nova Scotia Barristers’ Society, Insight Information Inc., Infonex, and Lorman Education Services and on Labour Law Issues by Lancaster House.

•  "Symposium Debate on the Disclosure of Confidential Information" - Health Services Administration Alumni Association and the School of Health Services Administration, Dalhousie University, 1992.
• "Withdrawal of Life Support and DNR Orders" - Professional Development Conference, Canadian Bar Association - Nova Scotia Branch, 1992.
• "Legal Aspects of Health Service Management" - Professional Advancement and Review Workshop, Canadian College of Health Service Executives, 1993.
• "Legal Aspects of Nursing the Adult/Elderly with a Chronic Illness" - School of Nursing, Dalhousie University, 1993.
• "Health Law for Physicians" - Community Hospital Programme Services, Dalhousie University Continuing Medical Education, 1993.
• "Medical Staff Privileges" - Canadian Bar Association - Nova Scotia Branch, Health Law Section, 1993.
• "Credentialing of Medical Staff - Ensuring Quality Medical Services within the Health Organization" - Nova Scotia Association of Health Organizations, 1993.
• "Analysis of an Act to Establish Regional Health Boards from the Perspective of the Blue-Print Committee's Report on Health Reform" - Annual Conference of the Nova Scotia Association of Health Organizations, 1994.
• "Legal Issues Facing Community Health Nursing", School of Nursing, Dalhousie University, 1994.
• "Health Law", Community Hospital Programme Series, Dalhousie University Continuing Medical Education, 1994.
• "Confidentiality of Health Care Information and Health Care Services" co-sponsored by the Canadian Institute of Law and Medicine and the Health Law Institute of Dalhousie University, 1994.
• “Consent to Treatment Issues for Rescuers" - Maritime Regional Emergency Cardiac Care Educational Symposium sponsored by the Heart and Stroke Foundations of Nova Scotia, New Brunswick, and P.E.I., 1995.
• "The Quality of Care versus Fiscal Restraint" - Nova Scotia Medical Legal Society and the Canadian Bar Association, Nova Scotia Branch, Health Law Section, 1996.
• “Practical Aspects of Consent to Treatment and Other Issues" - Private sponsor, 1996.
• "Employment Law for Managers", Retreat at White Point Beach Resort, Private sponsor, 1997.
• "Legal Issues for Managers", Business Course Lecture for St. Mary's University, 1997.
• "Human Resource Issues for Dental Managers" - Private sponsor, 1997.
• "Risk Management and its Interaction with the Law" - Nova Scotia Association for Quality in Health Care, 1998.
• "Legal Issues of Concern to Pharmacists" - Private sponsors, 1999.
• “Dodging Bullets - Termination of the Problematic Employee”, Continuing Legal Education Section of the Nova Scotia Barristers’ Society, 2000.
• “The Legal Responsibilities of Health Care Boards - Governance” - Provincial Orientation Conference for District Health Authorities sponsored by the Nova Scotia Department of Health, October 2000.
• “Governance Issues” - Continuing Care Association of Nova Scotia, March 2001.
• “End of Life Issues” - Nova Scotia Barristers Society Conference, April 2001.
• “Experts’ Reports and Experts’ Evidence” – School of Physiotherapy, Dalhousie University, February 2002.
• “Confidentiality of Employee Health Records” – Occupational Health Nurses Association of Nova Scotia Conference, April 2002.
• “Final Report on Mental Health Provisions of the Nova Scotia Hospital Act”, Canadian Bar Association – Law Report, May 2002.
• “Careers in Health Law” - Health Law Institute, Dalhousie University, May 2002.
• “Employee Terminations Seminar” – Insight Human Resources Conference, September 2002.
• “Nova Scotia Employment Law Program”, Canadian Bar Association, November 2002.
• “The Unaddressed Issue:  Third Party Information in Health Records” - Health Law Institute Seminar Series, Dalhousie University, November 2002.
• “Medical Staff Disciplinary Bylaws – An Overview” - Private sponsor, June 2003.
• “Overview of Case Law Regarding the Revocation/Variation/Suspension of a Physician’s Hospital Privileges” - Private sponsor, December 2003.
• “Legal Responsibilities of Health Boards and Governance” – Provincial Orientation Conference for District Health Authorities, sponsored by the Department of Health, February 2004.
• “Governance – A District’s Board of Directors” - Private sponsor, April 2004.
• “Building the Case (Grounds for Physician Discipline, Evidence and Investigative Practices and Record Keeping)” - Private sponsor, May 2004.
• “A Discussion of Expedited Hearings and Related Issues in the Context of Disciplinary Proceedings” - Infonex Conference, February 2005.
• “Legal Aspects of Board Governance” – South Shore District Health Authority, February 2007.
• “Future Challenges for the Mining Industry: The Environment and Legal Challenges” – Chamber of Mineral Resources of Nova Scotia, March 2007.
• “Private Health Care in Nova Scotia” – Ontario Bar Association/CBA National Health Law Conference, Toronto, May 2007.
• “Board Governance from the Perspective of Medical Staff Disciplinary Bylaws” – South West District Health Authority, May 2007.
• “What makes a Good Employment Contract” – Lorman Education Services Conference, January 2008.
• “A System Under Strain: Exploring Alternatives to Traditional Grievance Arbitration”, Panellist at Lancaster House’s Labour Arbitration Conference, Halifax, November 2008.
• “Where Healthcare and the Law Intersect” - Nova Scotia Hearing and Speech Centres, Provincial Program of the Nova Scotia Department of Health, November 2008.
• “Risk Management for Regulatory Colleges” - Nova Scotia College of Physicians and Surgeons, December 2008.
• “Revitalizing Resolutions:  ADR and Professional Regulation” - Acuity Forum’s Professional Regulation & Discipline Conference, Moncton, April 2009.
• “ADR:  Alternatives to the Traditional Management of Risks and Claims & Achieving Healthy Resolutions to Conflict” – Healthcare Insurance Reciprocal of Canada (HIROC), 7th Annual Risk Management Conference, Toronto, April 2009.
• “Enforceable Confidentiality / Non-Compete Covenants: The Formula for Mitigating Litigation” - Insight Human Resources Conference, Halifax, September 2009.
• “Mental Illness – Practical Strategies and Accommodation Measures for the Workplace”, Panellist at Lancaster House’s Labour Arbitration and Bargaining Conference, Halifax, November 2009.
• “Physician Credentialing and Discipline” – South West District Health Authority, May 2010.
• Professional Regulation – Nova Scotia Barristers’ Society Boot Camp for Decision-Makers Conference. Designed and commented on mock disciplinary hearing with Kim Turner, Q.C., February 2011.
• “Social Networking and Privacy Concerns: Challenging Scenarios in a Wired Workplace”, Panellist at Lancaster House’s Labour Law Conference, Halifax, November 2011.

FOCUS OF EXPERIENCE

• Administrative Law
• Adjudicative Training for Tribunals
• Arbitration
• Contractual Disputes
• Employment Law
• Governance
• Health Law and Policy
• Human Rights Law
• Labour Relations
• Mediation
• Med-Arb 
• Negligence
• Process Facilitation and Dispute System Design
• Professional Regulation
• Workplace Investigations