The American Arbitration Association Handbook on Mediation (2nd ed., New York, JurisNet, LLC, 2010, 805 pages, ISBN: 978-1-933833-50-7) is a vast and impressive book. While it appears daunting given its size, it is not. The handbook provides an excellent overview and detail of an increasingly complex field that can only be helpful to practitioners and students of mediation.
Bullying; we have all been one, known one or been subjected to one. Prior to the early 1980’s when the first significant anti bullying programs emerged, bullying was considered to be part of a normal childhood and not something that needed attention from adults. If incidents were reported, victimized children were told by teachers and parents alike that it was part of growing up and that “kids will be kids”.
Winning Mediation Strategies, a joint initiative by the Middlesex Law Association (MLA) and the Ontario Bar Association’s ADR Section, was an informative, engaging and well-attended program held in London’s courthouse on March 3, 2011.
A hearing panel of the Law Society, in a recently released Tribunal decision [2011 ONLSHP 24 (CanLII)], has ruled that lawyers’ conduct during the mediation process is subject to the Rules of Professional Conduct. In arriving at its decision the Panel found that the provisions of confidentiality contained in an agreement to mediate was for the benefit of the parties and was not intended to protect lawyers from allegations of misconduct.
I have read Ms Kelly's article on the Guiste Decision and have read the decision itself. If a Manitoba lawyer may make a comment, the decision does not upset me.
Alternative Dispute Resolution is published by the Alternative Dispute Resolution Section of the Ontario Bar Association. Members are encouraged to submit articles. The articles that appear in this publication represent the opinions of the authors. They do not represent or embody any official position of, or statement by, the OBA except where this may be specifically indicated; nor do they attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein are intended to be used thoughtfully, as nothing in the work relieves readers of their responsibility to consider it in the light of their own professional skill and judgment.
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By Shari Novick and Peter Chauvin
By Marina Mussani
By Colm Brannigan
By Kate Waters
A case commentary by Kathleen Kelly
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