Services and Areas of Practice
Leslie H. Macleod & Associates specializes in many areas of conflict resolution and provides the following services.
Facilitation of discussions involving two or more parties, typically involving issues of high importance and sensitivity.
Mediation of conflicts or disputes, before or after a complaint, lawsuit, or other form of legal proceeding has been filed.
Workplace Restoration following events that have had a disruptive effect on the workplace and damaged relationships amongst employees.
Fact-Finding and Investigation into allegations of human rights violations, bullying, and other forms of workplace misconduct.
Teaching and Training on topics including conflict analysis, negotiation strategies and approaches, mediation models and best practices, and investigation procedures.
ADR Process and System Design to respond effectively to particular conflicts and various types of recurring disputes.
Evaluation of ADR Systems and provision of recommendations for any improvements.
Facilitation
Facilitation is used when individuals or organizations require independent expertise to assist them in reaching their objectives. The facilitator may organize the meeting agenda, support the development of a meeting protocol, promote constructive dialogue, and prepare meeting notes.
Facilitation is distinct from mediation, although the line between the two processes is blurred. Mediators do use facilitation skills. While mediation is typically used to address a dispute that has a potential adjudicative remedy, facilitation is used when participants seek a managed conversation - often, because they seek consensus on matters of common interest or concern.
Facilitators are selected for their independence and ability to manage complex discussions. Expert facilitators have superior communication skills, are able to engage all participants in meaningful ways, and are adept at recognizing and building on an emerging consensus.
Leslie Macleod has facilitated discussions in many different settings. One of her most significant assignments followed the recommendation of a Coroner's jury that a facilitator be appointed following a baby death, to improve communication and address certain issues that had arisen amongst healthcare providers at a hospital.
Mediation
Mediation is an established process in which a mediator facilitates negotiation between two or more parties, to assist them in reaching an agreement. Attendance at mediation may be mandatory (required by law) or voluntary. In either case the parties decide whether or not to resolve the dispute, and determine the terms of resolution. The mediator is independent and impartial. Unlike an arbitrator or judge, the mediator does not impose any decision. If the issues in dispute are resolved, the terms are incorporated into Minutes of Settlement. Discussions and Minutes are typically confidential. Mediation may be used at any point in the evolution of conflicts or disputes, whether or not the issues are the subject of litigation. Mediation is popular because it can be cost-effective, timely, and responsive to the concerns of the parties.
The experience and skills of the mediator are critical in gaining the respect and confidence of the disputants and in leading constructive discussions. Mediators improve communication and assist disputants in exploring potential options for resolution.
Leslie Macleod has been actively engaged in mediation since 1994. While Assistant Deputy Attorney General at Ontario's Ministry of the Attorney General, she guided the creation and implementation of Mandatory Mediation in Ontario's Superior Court of Justice. She has been a member of Toronto's Local Mandatory Mediation Committee from its inception. Since 1999, Leslie has mediated a wide variety of cases in areas including employment and labour relations, commercial matters, personal injury, healthcare, public policy, and social justice. A particularly challenging case involved mediation of a matter involving approximately 2,000 pensioners and multiple employers, in tandem with a class action that was mediated by a Superior Court Judge.
Workplace Restoration
Workplace restoration is used to promote and restore positive and respectful workplace relationships after the occurrence of events which have had a negative impact. Workplace restorations are designed to address the unique circumstances of each situation. They often involve conducting a conflict assessment or organizational review, facilitating the resolution of issues amongst employees, preparing a Workplace Protocol that specifies the terms agreed to, and making arrangements to revisit the workplace relationships at a later date.
It takes a number of distinct skills to conduct workplace restorations effectively, not the least of which are superior communication and interpersonal skills. Depending on the mandate, the Consultant may prepare a Report that includes a summary of feedback from management and staff, an assessment of the current state of the workplace, and recommendations for constructive change. Special care must be taken to protect confidentiality.
Leslie Macleod has conducted numerous workplace restorations. They have ranged from situations involving a few employees, to those involving specific work teams or departments, to organization-wide. To gather relevant information, Leslie has variously relied on individual interviews, group discussions, and survey instruments. Every effort is made to encourage full participation by all affected employees.
Fact-Finding and Investigation
Fact-finding and investigation processes are used when an individual makes a complaint about the conduct of another person within a workplace. Complaints may allege harassment, bullying, discrimination, or unethical conduct which contravenes organizational policies (such as Codes of Conduct and Human Rights Policies) and/or provincial or federal legislation (most notably, Human Rights legislation and Occupational Health and Safety legislation).
The investigator is given a mandate that may include one or more of the following: fact-finding (making findings of fact and, as required, credibility); making findings as to whether a breach of policy and/or law occurred; making recommendations as to systemic remedies; and making recommendations as to actions to be taken with respect to the person complained against.
The investigator must be independent and well versed in the procedural and legal issues that accompany the mandate. The investigator prepares an investigative plan, interviews parties and witnesses, obtains documentary evidence, assesses the evidence, makes findings using the relevant standard of proof, and prepares a Report for the client.
When conducting investigations, Leslie Macleod draws on more than three decades of professional experience. Her investigations are well planned and methodical, and her Reports are comprehensive. She regularly handles cases that are complex and sensitive, and have significant personal and professional implications for the parties. More challenging investigations have included retention of forensic experts in the areas of accounting and document examination. Her clients include public and broader public sector entities, not-for-profit and charitable organizations, and private sector businesses.
Teaching and Training
Leslie Macleod was an Adjunct Professor at Osgoode Hall Law School for more than two decades. She began teaching Dispute Settlement to second and third year law students in 1996 and, from 2003 to 2019, was Co-Director of Osgoode Professional Development's Master in Laws Program in Dispute Resolution. In the Master's Program, Leslie taught the following courses: Introduction to Dispute Resolution, Theory and Practice of Dispute Resolution, and Dispute Analysis and Process Design. In addition, Leslie was a regular contributor to Osgoode's Continuing Legal Education Programs in areas including negotiation, mediation, and ethics. She also taught various ADR courses through the University of Toronto's School of Continuing Studies and its Law School.
In addition to being an experienced teacher in academic degree and certificate programs, Leslie has extensive experience as a designer and provider of customized conflict resolution training programs to various clients in the private and public sectors. The training programs she delivers are tailored to the specific learning goals of the client. Topics include negotiation models and strategies, mediation models and best practices, and adjudicative processes.
Academic courses and training workshops are designed to enhance the participants ADR knowledge and skills through various methodologies including presentations, class discussions, case studies, demonstrations, simulations, and videos. They emphasize there is no one "right way" to address a conflict; rather, highly skilled practitioners have the ability to properly assess a conflict and, by understanding the various ways in which conflict can be most effectively addressed, choose the optimal approach.
Leslie Macleod has worked with clients that are engaged in vastly different areas of endeavour. Training assignments have included joint training to management and unions on interest-based collective bargaining, coast-to-coast negotiation training workshops for major Canadian insurers, and human rights training to Polices Services in Ontario. Leslie provided extensive mediation training in the Philippines to lawyers, mediators, and judges under the auspices of Canada's National Judicial Institute.
ADR Process and System Design
Leslie Macleod designs ADR process and systems to address conflicts and disputes. Design work may be done informally during a particular intervention. For example, issues including where to hold a mediation, who should be at the table, and whether to hold a joint meeting of parties are all design considerations. Formal design work involves specifically creating or customizing an ADR process or system which will be used in the future for particular disputes.
The first step in a formal design assignment is to gain a full appreciation of the context in which the conflicts or disputes occur. This includes gathering information on the nature and frequency of the issues; the parties and other affected stakeholders; and the relevant economic, political, and cultural landscape. The designer may rely on publicly available data, confidential information, interviews, surveys, and/or focus groups. Working with the affected parties is crucial to the success of the design initiative.
Leslie Macleod regularly designs ADR processes and has also designed a number of sophisticated ADR systems. She works collaboratively with clients and stakeholders. She has, for example, designed a process for disputes between industry and environmental advocates, a whistle-blowing process for an organization in the midst of crisis, and a system for disputes between commercial enterprises and a federal regulator. One of her most significant contributions to ADR design is the Mandatory Mediation Program in Ontario, which she spearheaded and which has been a model for other jurisdictions.
Evaluation of ADR Systems
Organizations with in-house ADR systems (e.g., employers, for addressing complaints by employees) and organizations responsible for providing dispute resolution services (e.g., ombuds and human rights tribunals) may seek an independent evaluation of their ADR system. Evaluations assess whether the system is meeting its goals or can be improved.
Given that complex, multi-stakeholder systems are involved, evaluations are multifaceted. Evaluators prepare a comprehensive evaluation workplan, obtain background information, gather and assess qualitative and quantitative data, prepare and present a Report, and explain and support any recommendations. Evaluations normally take many months to complete.
An independent Evaluator needs organizational skills, to plan and deliver the evaluation within a defined timeframe; communication skills, to engage the stakeholders; analytical skills, to fully comprehend and assess complex data; and writing skills, to produce a comprehensive and sound Report.
Leslie Macleod has conducted a number of complex evaluations. One involved the ADR Program at the Immigration Appeal Division of Canada's Immigration and Refugee Board. Another concerned the Canadian Life and Health Insurance OmbudService, including its complaint handling process. In both these examples, Leslie's evaluations led to significant changes in the ADR systems and guided their re-design.