Articles 2020

Aujourdʼhui
Aujourdʼhui

Managing Different Insurers' Interests at Global Mediation

  • 22 février 2022
  • Joseph Sullivan

In a global mediation of an insurance claim, there are often three different insurers: tort, accident benefits, and long-term disability. Each may bring a different perspective to the table, as well as a different timeline and different underlying interests. In this article, experienced insurance mediator Joseph Sullivan explains some of the main issues that arise in these global settlement scenarios.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Committing to Settlement Work: Dropping the "A" from ADR

  • 13 janvier 2022
  • Ryan Osbourne

Ryan Osbourne, a collaborative family lawyer and mediator, discusses how his approach to thinking of settlement first in family law cases is part of a growing trend away from the courts.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Welcome from the Chair and Vice-Chair

  • 14 novembre 2021
  • Mana Khami and Chloe Snider

An introduction to the Ontario Bar Association's ADR programming for the 2021-2022 year.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Online Mediation or In-Person: Determining the best Path for your Case

  • 27 août 2021
  • Marshall Schnapp

Now that virtual mediation is becoming a norm, will returning to in-person be right for your case? Marshall Schnapp addresses the key issues facing the decision to mediate in person versus online.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

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

  • 03 juillet 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
Getting to an Agreement

Getting to an Agreement

  • 14 mai 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Views from the COVID Bomb Shelter – A Statistical Analysis

  • 14 mai 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Third-Party Funding and Ethical Considerations for ADR Providers

  • 14 mai 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum