Articles

About ArticlesThe below articles are published by the Alternative Dispute Resolution Section of the Ontario Bar Association.  Members are encouraged to submit articles.  About Articles

Editor: Jennifer Egsgard 

Today
Today
The (Unique) Perils of the Parenting Coordination Process

The (Unique) Perils of the Parenting Coordination Process

  • September 18, 2018
  • Elizabeth Hyde, B. Ed., J.D., LL.M., Acc. FM., FDRP PC

Parenting Coordination is a child-focused alternative dispute resolution process for high conflict parents with a history on ongoing child-related disputes. As the Parenting Coordination process becomes more popular with lawyers, judges and clients, it is incumbent on those who practice in the area to ensure that it is a successful process for high conflict families following separation.

Alternative Dispute Resolution, Student Forum
Effective Advocacy at Mediation

Effective Advocacy at Mediation

  • September 06, 2018
  • Marc Bhalla, mediator and arbitrator

Mediator and arbitrator Marc Bhalla uses case studies to argue that effective advocacy in mediation requires a different approach than advocacy in Court or arbitration.

Alternative Dispute Resolution, Student Forum
Preparing for Mediation

Preparing for Mediation

  • September 06, 2018
  • Stuart Rudner, employment lawyer and mediator

Mediator and lawyer Stuart Rudner observes how preparation for mediation, or lack thereof, can impact settlement. In this article, he provides tips for lawyers on how to maximize settlement opportunities through thoughtful mediation preparation.

Alternative Dispute Resolution, Student Forum
The Costs of Refusing Mediation

The Costs of Refusing Mediation

  • September 05, 2018
  • Mitchell Rose, lawyer/chartered mediator/settlement counsel with SGR LLP

In a recent Ontario Court decision, Canfield v. Brockville Ontario Speedway, a defendant's refusal to participate in non-mandatory mediation had negative cost consequences for the defendant.

Alternative Dispute Resolution, Student Forum

Online Dispute Resolution: It’s Time to Rethink the Future, While We Still Can

  • September 05, 2018
  • Colm Brannigan, mediator and arbitrator, and Conor Brannigan, mediator

When we think of ADR, most practitioners see themselves as working face–to-face with their clients. However on-line dispute resolution (ODR) technologies are quickly becoming part of the “new” mainstream. Our clients, influenced by new on-line tribunals, will demand ODR services. Colin and Colm Brannigan argue that we must learn to “race with the machine” in order to remain competitive in what will soon be a very different marketplace.

Alternative Dispute Resolution, Student Forum
The Ideal Lawyer – 21st Century Redux

The Ideal Lawyer – 21st Century Redux

  • May 28, 2018
  • Craig A. Brannagan

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.

Alternative Dispute Resolution, Criminal Justice, Taxation Law and 1 more..., Student Forum
What Would Churchill Do?

What Would Churchill Do?

  • May 18, 2018
  • Edward Olkovich

Creative abstraction can enable problem-solvers to move beyond stated positions and assumptions by using more than just the power of logic and persuasion as the primary means of conflict resolution in order to uncover the underlying interests, fears and concerns of the parties.

Alternative Dispute Resolution, Insolvency Law, Student Forum
A Necessity for Domestic Violence Screening

A Necessity for Domestic Violence Screening

  • January 19, 2018
  • Sina Hariri

The legal profession may have a significant “blind spot” when it comes to family violence.Family law lawyers must remain vigilant in ensuring that they are up to date on some of the research and training available related to family violence so that they can ask their clients the right questions to canvas for some of these risk factors, and gauge the safety of their clients, as well as their decision-making power.

Alternative Dispute Resolution
Helping Parties Prepare Persuasive Mediation Briefs: Who Do You Think You’re Talking To?

Helping Parties Prepare Persuasive Mediation Briefs: Who Do You Think You’re Talking To?

  • January 19, 2018
  • Megan Keenberg

The mediation brief is a crucial instrument that can make or break mediation efforts. Many counsel make the mistake of treating their mediation briefs as a summary judgment factum, focusing on the legal merits of the case and presenting adversarial arguments. As mediators, we can mitigate against the undermining effects of such a mediation brief by expressly setting out what will be compelling and assistive in the mediation process (and what won’t be) in the pre-mediation conference.

Alternative Dispute Resolution