Articles 2020

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Today

Top Ten Issues to Include in a Virtual Arbitration Protocol

  • November 13, 2020
  • Megan Keenberg

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

Alternative Dispute Resolution, Student Forum

How You Can Learn Conflict Resolution from Harry Potter

  • November 02, 2020
  • Kim Gale

In J.K. Rowling's Harry Potter series, Bernard Mayer's five-part theory of conflict resolution aids the understanding of some of the wizarding world's most prominent characters.

Alternative Dispute Resolution, Student Forum

Auto Accident Mediations: Tips Sheet

  • October 13, 2020
  • Joseph Sullivan

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Alternative Dispute Resolution, Insurance Law, Student Forum and 1 more..., Young Lawyers' Division
Mandatory Mediation in Ontario: Taking Stock After 20 Years

Mandatory Mediation in Ontario: Taking Stock After 20 Years

  • July 16, 2020
  • Jennifer L. Egsgard

For nearly 20 years mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor through the Ontario Mandatory Mediation Program. Twenty years later, it is worth taking stock of the program: why and how was it introduced, how has it changed, and what do Ontario lawyers think of mandatory mediation now?

Alternative Dispute Resolution, Student Forum

How Do Mandatory Arbitration Clauses Work? Three Introductory Issues

  • June 16, 2020
  • Matthew Gordon

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.

Alternative Dispute Resolution, Student Forum
Virtual Mediation Memo

Virtual Mediation Memo

  • May 31, 2020
  • Stuart Rudner

How to efficiently execute a settlement agreement, virtually.

Alternative Dispute Resolution
Considerations Around Virtual Mediation

Considerations Around Virtual Mediation

  • May 22, 2020
  • Christine Kilby

In the current climate of physical distancing, mediating online using platforms like Zoom or Microsoft WebEx has gained prominence. Many mediators are well-equipped to offer their services using these platforms and to respond to concerns that counsel or their clients may have. As counsel consider whether or not to take their mediations online, certain factors will be relevant to the decision-making process.

Alternative Dispute Resolution, Student Forum
Virtual Mediation: Welcome to the New Normal

Virtual Mediation: Welcome to the New Normal

  • May 19, 2020
  • Bernard Morrow, Mitchell Rose and Tahir Khorasanee

Technology has provided us all with the tools to continue mediating during an unprecedented crisis, in the best interests of our justice system and those that it serves. Bernard Morrow, a senior mediator; Mitchell Rose, a senior mediator and settlement counsel, and Tahir Khorasanee, litigator at Levitt LLP comment on the benefits and challenges of virtual mediation.

Alternative Dispute Resolution, Student Forum