Alberta now has apology legislation. Historically lawyers advised their clients – “Don’t
apologize, it can be construed as an admission of guilt in litigation.” Litigation, unfortunately
puts people in adversarial positions that generally prevent open and forthright dialogue between
the opposing parties. Apology legislation is intended to allow parties to apologize for making an
error without the apology being used in the litigation process as evidence of wrongdoing. It does
not mean a person can no longer sue. It simply means that the apology can’t be used in the
lawsuit. The goal of apology legislation is to prevent litigation. In some cases, plaintiffs simply
want some closure, some acceptance of responsibility and aren’t necessarily looking for financial
compensation. Apologies can have significant, and some feel almost magical, properties in
resolving conflict and restoring relationships. There is an emotional component in all disputes
and if that component can be reduced or satisfied, some of those disputes may be resolved
without proceeding to court.
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Intro:
Alberta now has apology legislation. Historically lawyers advised their clients – “Don’t apologize, it can be construed as an admission of guilt in litigation.” Litigation, unfortunately puts people in adversarial positions that generally prevent open and forthright dialogue between the opposing parties. Apology legislation is intended to allow parties to apologize for making an error without the apology being used in the litigation process as evidence of wrongdoing. It does not mean a person can no longer sue. It simply means that the apology can’t be used in the lawsuit. The goal of apology legislation is to prevent litigation. In some cases, plaintiffs simply want some closure, some acceptance of responsibility and aren’t necessarily looking for financial compensation. Apologies can have significant, and some feel almost magical, properties in resolving conflict and restoring relationships. There is an emotional component in all disputes and if that component can be reduced or satisfied, some of those disputes may be resolved without proceeding to court.