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Newsletter


Volume 19, No. 3 - August/Août 2011

In this issue:
  • Editors' Note
  • Chair's Report
  • Book Review: American Arbitration Association Handbook on Mediation
  • Bullying Prevention Programs: Too Little Too Late
  • How to Prepare to Succeed at Mediation
  • Should a Lawyer's Conduct be Protected by Mediation Confidentiality?
     

Volume 19, No. 2 - March/Mars 2011

In this issue:

  • Letter From the Editors
  • Message from the Chair
  • The Osgoode Mediation Centre: A Focal Point for Experiential Learning and Social Justice Initiatives in ADR
  • Mediation Advocacy – The Art of Persuasion
  • Can You Recover Costs After Trial from an Unsuccessful Attempt at Mediation?
  • Experts in the Field v. Generalist Mediators
  • Upcoming Program: The Impact of Effective Apology, With or Without Legislation

Volume 19, No. 1 - December/Décembre 2010

In this issue:

  • Letter From the Editors
  • The Chair's Remarks
  • It’s Time We Had A Good Look At The Roster Tariff
  • What We Are Doing Well - And What We Could Do Better
  • Understanding What Makes Conversations Difficult
  • TCAS and Foreign Lawyers in International Arbitrations
  • Difficult Conversations
  • Auto Insurer Hit With Large Award for Failing to Mediate – Case Digest – Keam v. Caddey, [2010] O.J. No. 3650
  • A Journey into the Heart of Dispute Resolution

Volume 18, No. 3 - June/Juin 2010

In this issue:

  • 2010 OBA ADR Award of Excellence is Granted to Justice Robert Beaudoin
  • Justice Robert Beaudoin’s Acceptance Speech for the 2010 OBA ADR Award of Excellence
  • Report on Joint Program Presented by OBA-ADR Section and ADRIO: Building Successful Client Relationships
  • Understanding What Makes Conversations Difficult
  • Continuing Professional Development and Mediators
  • Language, Power and Gender: A Poststructuralist Approach to Mediation - Part Three
  • The Chair’s Report
  • Letter From the Editors

Volume 18, No. 2 - March/Mars 2010

In this issue:

  • Message From the Editors
  • Ethical Dilemmas in Mediations
  • Stay of Arbitration: One Strike and You’re Out?
  • How to Help Your Client Choose the Best Negotiation Process
  • Griffin v. Dell Canada: Is it time to amend the Consumer Protection Act?
  • Language, Power and Gender: A Poststructuralist Approach to Mediation
  • Book Review - Just Listen: Discover the Secret to Getting Through to Absolutely Anyone by Mark Goulston
  • Passport To the New Rules - Hit The Ground Running
  • The CAW and Magna Framework of Fairness Agreement - A Paradigm Shift in Union-Management Conflict Resolution or a Yellow Dog Union Agreement?
  • Message From the Chair

Volume 18, No. 1 - November/Novembre 2009

In this issue:

  • Message From the Editors
  • Mediation: The Better Way In Estate Disputes
  • The Boundaries of Mediation Privilege
  • ADR Strategies In The Era of Proportionality
  • Book Review - 112 Ways To Succeed In Any Negotiation or Mediation: Secrets From A Professional Mediator by Steven G. Mehta
  • Language, Power and Gender: A Poststructuralist Approach to Mediation
  • Message From the Chair: Collaboration
     

Volume 17, No. 3 - June/Juin 2009

In this issue:

  • Message from the Chair: Looking Back, Moving Forward
  • Mediation Confidentiality and Pitts v. Francis et al
  • Should the Practice of ADR be a Regulated Profession?
  • CISEPO - A Peace and Health Initiative in the Middle East
  • Civil Justice and ADR: "The Conjoined Twins"
  • “Dispute Review Boards” and “Adjudication”: Two Cutting-Edge ADR Processes in International Construction
  •  Book Review: The Theory and Practice of Representative Negotiation 
  • Trouble in the Corporate Sandbox? Managing Workplace Conflicts
  • A Look at Mediation Styles and How They May Influence Outcome
  • Dispute Resolution in the Construction and Technology Industries
  • Message from the Editors
Volume 17, No. 2 - March/Mars 2009

In this issue:

  • Holistic Legal Training: When should ADR training be introduced?
  • Ontario Court of Appeal Clears the Way for Arbitration of Franchise Disputes
  • Med-Arb Revisited: Resolving Contract-Based Conflict
  • Reviewing Dispute Review Boards
  • Burnout and Resiliency in ADR
  • Arbitrators Consulting with Lawyers: Who is actually making the award?
  • Reflections on the 9th International Collaborative Conference, New Orleans, October 15-19, 2008
  • Negotiation Genius: How to Overcome Obstacles and Achieve Results at the Bargaining Table and Beyond
  • Message from the Chair: Three Important Initiatives...

Volume 17, No. 1 - December/Décembre 2008

In this issue:

  • Remarks of Chief Justice Warren K. Winkler on the acceptance of the 2008 Award of Excellence in ADR
  • Confict Coaching: A New ADR Technique
  • Venture Global v. Satyam Computers - Implications for International Commercial Arbitration Involving Indian Companies
  • The Client's Guide to Mediation and Arbitration: The Strategy for Winning
  • Message from the Chair: Spreading the Word...
  • Message from the Editors
  • Online Dispute Resolution - The Future is Now
  • The Fourth Annual Great Debate: Be it Resolved that Women Make More Effective Mediators

Volume 16, No. 3 - June/Juin 2008

In this issue:

  • "Looking Back - Moving Forward: Rule 78"
  • Message from the Chair
  • Beyond Mars and Venus - Part 3
  • Recent Cases in ADR
  • Paralegals at FSCO
  • Prominent Canadian Arbitrator Elected as President of the National Academy of Arbitrators
  • Book Reviews
  • Attendees have a Big Appetite for the Breakfast Book Club Series!
  • Family Arbitrations in Ontario - A New Genesis
  • How to Conduct an Effective Evaluative Mediation
  • OBA Award of Excellence 2008
  • Upcoming Program
  • Section Executive 2007-2008

Volume 16, No. 2 - March/Mars 2008

In this issue:

  • A Tribute to Roger Fisher
  • Message from the Chair
  • Editors' Note
  • Beyond Mars and Venus — Part 2
  • In the Great Debate, Pro-judge Team has Best One-liners, but Mediators Rule!
  • Sixth Annual Meet'n'Greet
  • Yes and No
  • Mediating Insurance Disputes
  • A Triumphant Return to the Institute
  • The Transforming Power of an Apology
  • Noteworthy Cases
  • An Appropriate Response by OBA ADR
  • Upcoming Events
  • Section Executive 2007-2008

Volume 16, No. 1 - December/Décembre 2007

In this issue:

  • The Roger Fisher Tribute: Lifetime Achievement Award, September 27, 2007
  • Managing High Conflict People in Resolving Disputes, 7 Tips for Success - October 25, 2007
  • Message from the Chair: A Year of Creative Programming
  • Editors' Notes
  • Beyond Mars and Venus
  • A Practical Guide to Mediation in Intellectual Property, Technology & Related Disputes
  • Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes
  • ADRIO/LSUC/ADRIC Correspondence: Law Society Act Amendments and Paralegal Regulation
  • Noteworthy Cases
  • OBA Young Lawyers' Division — What Membership in Our Section Can Do for You
  • Barb's Book Club
  • Mediating Insurance Disputes - What Works - What Doesn't
  • OBA Institute 2008: ADR Section Session
  • Newsletters Now Electronic: Message from the Chair of Sections
  • National Pro Bono Mentorship Program / Le programme national de mentorat pro bono

Volume 15, No. 3 - June/Juin 2007

In this issue:

  • Message from the Chair
  • The Practitioner
  • Apology Legislation
  • Building Collaboration in the Alternative Energy Sector
  • Mental Health Issues and Mediation
  • The Trouble with Tolerance
  • The OBA Award of Excellence 2007
  • Everythuing You Wanted to Know About Mediating with a Self-Represented Party
  • The Do's and Don'ts of Mediation
  • Opening Statements in Mediation
  • Collaborative Practice
  • Ontario Ombudsman Andre Marin Speaks to the OBA
  • The Growing Use of Circles
  • The Promise of Circles
  • The First European Collaborative Law Conference
  • 3rd Biennial Conference of the Forum of Canadian Ombudsman
  • The Media and ADR
  • Noteworthy ADR Cases
  • Book Review
  • He Said, She Said
  • Announcements
  • The Roger Fisher Tribute
  • Section Executive 2006-2007

Volume 15, No. 2 - March/Mars 2007

In this issue:

  • Beyond the Status Quo - An Interview with Peter Bruer
  • Message from the Chair
  • The Practitioner
  • Update on ADR Legislation
  • Marketing Tips for an ADR Practice
  • ADR Awareness Training in a Developing Country: Challenges and Rewards - Our Bangladesh Experience
  • International Dispute Resolution
  • What's Happening to Mandatory Mediation?
  • Noteworthy ADR Cases
  • He Said, She Said
  • If the Vasa Warship Disaster was Mediated
  • ADR at the OBA Annual Institute
  • Mediate Canada Returns!
  • Section Executive 2006-2007

Volume 15, No. 1 - December/Décember 2006

In this issue:

  • Interview with Justice June Maresca
  • Message from the Chair: Passionate Practitioners of Change
  • The Practitioner
  • Updates on Current Legislation
  • Marketing Tips for an ADR Practice
  • Setting the Strategic Sail - The ADR Think Tank on the Islands
  • Noteworthy Cases
  • Hagel v. Giles Revisited
  • Civil Justice Reform Project
  • The Telephone Mediation Party Line
  • "Hot Thoughts" in Mediation: How Much Does Emotion Influence Settlement Agreements?
  • He Said, She Said
  • Book Reviews
  • The Great Debate: Should Ontario Adopt an Apology Act?
  • Status Review - The Pig in the Python?
  • Announcements
  • Section Executive 2006-2007

Volume 14, No. 3 - May/Mai 2006

In this issue:

  • Interview with Marina Mussani...1
  • Message from the Chair...3
  • The Practitioner: Case Study...6
  • Update on Family Arbitration Legislation (formerly Bill 27)...7
  • Journey into Peace: A Bullying Prevention Program Through Visual Arts...9
  • Attention ADR Trainers: There's Copyright in Them Thar Materials...10
  • Restorative Justice...11
  • The Practice Direction: Whither Goest...12
  • Noteworthy Cases...14
  • A Mediators Guide of What Not to Do...17
  • Paralegal Found in Contempt of Court...18
  • Philippa Samworth: OBA's Insurance Section Award of Excellence...20
  • Creative Applications of Partnering...21
  • The Three Stages of Negotiation in a Mediation...23
  • "Rolling Over in their Graves"...24<
  • The Invincible Adjudicator: Deconstructing Decision-Making...25
  • He Said, She Said...27
  • Announcements...30
  • Section Executive 2005-2006

Volume 14, No. 2 - February/Février 2006

In this Issue:

  • Mediation and the Arts - An Interview with Christine Forsyth, Cultural Mediator
  • Message from the Chair ... 4
  • The Practitioner: Danger City ... 5
  • Correction ... 6
  • Book Review ... 7
  • Section Workshop: "Ontario Superior Court Rules 78 and 24.1: Where are we?" ... 8
  • National Mediation Rules Launched by the ADR Institute of Canada ... 10
  • Access to Justice and the Regulations of Mediators - A Commentary ... 11
  • Bill 27: Changing the Face of Family Arbitration ... 13
  • CBA ADR Members Listserv: An ADR Community On-line ... 15
  • Section Workshop: Reducing the Pain: Mediating Disability Disputes ... 16
  • He Said, She Said - Should Mediators Come in From the Cold? ... 17
  • Announcements ... 19
  • Appendix 1 ... 21
  • Appendix 2 ... 25
  • Section Executive 2005-2006

Volume 14, No. 1 - November/Novembre 2005

In this Issue:

  • The Skinny on Mandatory Mediation: An Interview with Master Calum MacLeod
  • Message from the Chair ...2
  • The Practitioner: The Case of the Uncomfortable Fact-Finding ...3
  • Noteworthy Cases ...5
  • Book Reviews: A Trio of Texts
    1. The Conflict Resolution Toolbox ...6
    2. Family Mediation & Collaborative Practice Handbook (4th ed.) ...7
    3. Bypass Count: A Dispute Resolution Handbook (3rd ed.)...8
  • Collaborative Family Law: Lessons from the Macfarlane Report ...10
  • November Breakfast Meeting: Hybrid ADR ...11
  • Announcements ...12
  • He Said, She Said: The Mediator as Witness ...15
  • Section Executive 2005-2006

Volume 13, No. 4 - June/Juin 2005

In this Issue:

  • Ontario Bar Association Award of Excellence in Alternative Dispute Resolution
  • Message from the Chair
  • From the Editor
  • How to Simplify Rule 76
  • Big Changes for Mediation and Arbitration Practice in Ontario?
  • Rojas v. Superior Court: The Battle of Two Opposing Public Policies
  • Harvey M. Haber, Q.C. Recipient of 2005 Osgoode Hall Law School Alumni Gold Key Award
  • Proposed ADR Section Executive 2005-2006

Volume 13, No. 3 - May/Mai 2005

In this Issue:

  • Message from the Chair
  • From the Editor
  • ADR Training - Finding Commonality on a Different Continent
  • How Mental Health Issues Affect Mediation
  • The State of Mediation Today: Where are we headed?
  • Book Review
  • Litigating Wrongful Dismissal Cases under the New Practice Direction
  • Conflict in the Business World
  • ADR and Criminal Law
  • Upcoming Programs

Volume 13, No. 2 - February/Février 2005

In this Issue:

  • Changes to the Case Management and Mandatory Mediation Program in Toronto
  • Case Digest
  • Report From the Chair
  • From the Editor
  • The Power of the Facilitative Process
  • Toronto Region Practice Direction Re: Civil Case Management
  • Revised Draft Submissions
  • Report on Meeting Re: Practice Direction
  • Upcoming Programs

Volume 13, No. 1 - November/Novembre 2004

In this Issue:

  • Ontario Bar Association Award of Excellence in Alternative Dispute Resolution
  • Message from the Chair
  • From the Editor
  • Submission to the Court Processes Review Committee Toronto Region by the Executive Committee of the ADR Section of the Ontario Bar Association
  • The Use of MedArb as a Dispute Resolution Technique for Labour and Employment Law Cases
  • The Confidentiality Debate

Volume 12, No. 4 - May/Mai 2004

In this Issue:

  • Closing the Settlement Gap When the Parties Cannot
  • Comments from the Chair
  • From the Editor
  • How to Present an Effective Labour Arbitration Case
  • ESTATES: "Are You Dying to Mediate?"
  • Top 10 Tips to Selecting a Mediator

Volume 12, No. 3 - April/Avril 2004

In this Issue:

  • Ten Topics that Frequently Arise at Wrongful Dismissal Mediations
  • Comments from the Chair
  • From the Joint Breakfast Program - February 18, 2004
  • A Missed Opportunity for Early Resolution
  • What's Wrong with this Picture?
  • From the Desk of the AGR Representative
  • www.ADRWeb.ca - A Centralized Database of Canada's Mediators & Arbitrators

Volume 12, No. 2 - January/Janvier 2004

In this Issue:

  • Ragacki Decision Provokes Strong Reaction from ADR Practitioners
  • Comments from the Chair
  • Message from the Executive Director
  • From the Editor
  • Victim-Offender Restorative Justice Conferencing and the Youth Criminal Justice Act
  • ADR Can Help You Prevent Construction Disputes and Resolve the "Conflict Poison"
  • Mediatordates.com: Arranging Mediations Made Easier for Counsel and Mediators
  • A Note Regarding Mediation Insurance
  • 15 Reasons that I Love Being a Mediator (Instead of a Lawyer)
  • Family Mediation and the Role of the Lawyer
  • Overcoming Obstacles in Mediation
  • Bill 198 Mediation: After October 2003

Volume 12, No. 1 - October/Octobre 2003

In this Issue:

  • Message from the Chair
  • From the Editor
  • Court Provides Direction to Roster Mediators with Respect to Scheduling Mandatory Mediations
  • Practice Tips for Roster Mediators and Mediation Representatives Attending a Rule 24.1 Mandatory Mediation
  • Challenges in the Field of Healthcare Dispute Resolution
  • The Effective Use of Caucus in a Mediation
  • Toronto Psychologist/Lawyer/Mediator Receives International Award
  • Programming for 2003-2004
  • Call for Seminar Ideas

Volume 11, No. 5 - June/Juin 2003

In this Issue:

  • Message from the Chair
  • Mandatory Mediation in Toronto
  • Adding a Teaching Component to Mediation Practice
  • An Evaluation of the ADR Program of the Immigration Appeal Division of the Immigration and Refugee Board
  • Assessing Efficiency, Effectiveness and Quality
  • Setting Aside Arbitral Awards for Bias in the USA
  • Gladiator or Facilitator
  • A Sword, A Shield - Mediation is Both, Use It Either Way - Improve Your Skills
  • From the Editor

Volume 11, No. 4 - April/Avril 2003

In this Issue:

  • Collaborative Family Law: A Fresh Approach to Resolution
  • Message from the Chair
  • Alternative Dispute Resolution: A Bridge Worth Walking Over
  • Estate Litigation: A Declaration of War
  • Heaven or Hal: Law, Technology and Online Dispute Resolution
  • From the Editor
  • Errata
  • Upcoming Programs

Volume 11, No 3 - March/Mars 2003

In this Issue:

  • Case Digest
  • Ten Tips on Effective Apologizing
  • Message from the Chair
  • The Windsor Roster & Mandatory Mediation Rule 24.1 and Case Management Rule 77
  • From Advocate to Facilitator
  • Preparing an Effective Mediation Brief
  • ADR Elections 2003-2004
  • From the Editor
  • Upcoming Events

Volume 11, No 2 - December 2002

In this Issue:

  • Report from the Meeting of the National ADR Section of the CBA
  • Message from the Chair
  • Using Facilitation Techniques in Mediation
  • Rosterphobia
  • Closing the Deal
  • Expanding the Tool Kit
  • Upcoming Events

Volume 11, No 1 - October 2002

In this Issue:

  • Preparing for Mediation - Important Issues to Consider
  • Message from the Chair
  • Message from the Editor
  • Practice Tips for Mediation Representatives: A Mediator's Perspective
  • OMMP and You: A Summary of the June 10, 2002 Meeting
  • Upcoming Events

Volume 10, No 4 - May 2002

In this Issue:

  • Conflict Coaching -- A Preventative Form of Dispute Resolution
  • Editorial Comments
  • Drafting a Mediation Agreement
  • Choosing the Best ADR Process for Your Dispute and Maximizing the Chances of Success at the Mediation
  • Upcoming Events<

Volume 10, No 3 - March 2002

In this Issue:

  • Award of Excellence in ADR
  • Award of Excellence Speech
  • Editorial Comments
  • Upcoming Program

Volume 10, No. 2 - February 2002

In this Issue:

  • Commitment to Collaborate and Negotiate -- Another Approach to Dispute Resolution
  • Let There Be No Doubt, Bill 59 is ADR Driven
  • Editorial Comment
  • Upcoming Program

Volume 10, No. 1 - December 2001

In this Issue:

  • Conflict Analysis in Relation to Mediator Strategy and Type
  • A Word from the Chair
  • Editor's Note
  • Case Summary
  • 2002 Institute ADR Program