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: Matthew Gordon

Today
Today

The Case Has Settled: Who Should Draft the Minutes of Settlement?

  • July 03, 2021
  • Bernard Morrow

When the parties have settled, it appears as though the case is over and everyone can go home. However, the terms contained in the minutes of settlement are crucial to understanding the parties' agreement and any obligations going forward. The need for counsel to draft minutes of settlement reflecting the parties' agreement remains as important as ever in these challenging times.

Alternative Dispute Resolution, Student Forum
Getting to an Agreement

Getting to an Agreement

  • May 14, 2021
  • Stuart Rudner

Video mediation has become bigger than ever since 2020, but there are still impasses between parties that can prevent a deal. In a two-part article, starting with the benefits of video mediation and continuing with ways to adapt traditional settlement strategies, Stuart Rudner provides a step-by-step guide for reaching a virtual settlement.

Alternative Dispute Resolution, Student Forum

Views from the COVID Bomb Shelter – A Statistical Analysis

  • May 14, 2021
  • Vance Cooper, Jonathan T. Cooper, Logan Cooper

Vance Cooper, with contributions from Jonathan T. Cooper and Logan Cooper, explains the trajectory of a mediation boutique during these COVID-afflicted times. Using a quantitative survey, this article shows the change in settlement rates from March 2020 until the present time.

Alternative Dispute Resolution, Student Forum

Third-Party Funding and Ethical Considerations for ADR Providers

  • May 14, 2021
  • Athanasios Papadas

With the rise of third-party funding in Canada, ethical issues have arisen involving the disclosure of third-party funders in ADR processes. This article takes a global perspective, looking at how international and comparative statutes may influence Canadian law. Then the article argues for more wide-reaching disclosure so add transparency to ADR processes in Canada.

Alternative Dispute Resolution, Student Forum

When Things Go South

  • April 20, 2021
  • Harold Arkin

In this article, Harold Arkin uses two case studies from his personal injury practice to illustrate how an impasse in motor vehicle mediation can be solved with the passage of time and the cooling of passions - but as with anything in dispute resolution, there are no guarantees.

Alternative Dispute Resolution, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law

Saving Face: Ego Utility in ADR

  • March 16, 2021
  • Matthew Gordon

How do you deal with a party who's convinced of their own correctness. Using knowledge gained from Botond Koszegi's 2006 article on ego utility that remains just as relevant in 2021, this article discusses some common ways peoples' ongoing need to maintain a healthy ego can prolong or even cause disputes.

Alternative Dispute Resolution, Student Forum