Articles 2021


Co-Mediation: Conductors in Tandem

  • October 03, 2016
  • Sina Hariri

Mediation is an interesting alternative to court that provides an arena for a unique interplay between the parties, and the dimensions of their dispute. The mediator exerts an influence that can significantly impact the outcome of the mediation process. Where two mediators are present (as is the case in the co-mediation model), there is a significant opportunity for even greater success…or self-sabotage!

Alternative Dispute Resolution

Study Results Point to Value of Joint Session

  • July 30, 2016
  • Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years. I have weighed in on the discussion. In June 2015, I questioned whether the joint session was a help or a hindrance and then in December 2015 I revisited the debate to offer my thoughts on why the joint session remains an important part of the mediation process.

Alternative Dispute Resolution

The Designated Settler’s Playbook for Joint Sessions at Mediation or: How I Learned to Stop Litigating and Love Opening Statements

  • June 23, 2016
  • Mitchell Rose

In addition to practising as a mediator, I regularly attend mediations of civil disputes as Settlement Counsel – a lawyer who settles cases through negotiation as early as possible, rather than gradually preparing them for a hearing on their merits[1]. As Settlement Counsel I approach mediation differently than when I was a conventional litigator.

Alternative Dispute Resolution

How To Get The Most Out Of Your Roster Mediator

  • May 17, 2016
  • Jonathan T. Cooper

Can the mediator get the job done and close the deal? Sometimes, one or the other or both of the parties are not there with the intention of settlement. You can only lead a horse to water; you cannot force it to drink.

Alternative Dispute Resolution

The Secret to Settling Legal Disputes

  • March 22, 2016
  • Mitchell Rose

Unlike my previous posts, this one is not intended to be funny (whether or not you actually found the other posts to be funny is another matter). Nevertheless, I encourage you to read on as the story and opinions that follow could save you money, time and grief and may even lead to deep personal fulfillment -- although I am pushing it with that last one. At the very least, it is a refreshing change from reading depressing news stories or watching another cat video.

Alternative Dispute Resolution

Let it Go: Why Litigants Often Struggle with Settlement

  • February 22, 2016
  • Eric Gossin and Shaun Bernstein

Litigation is a lengthy process that often takes litigants to the point of exhaustion. Yet while lawyers are accustomed to a file lasting months, or even years, litigants usually are not. Lawyers are responsible for remaining objective, and not getting emotionally involved in the dispute. For litigants though, it is far too easy to become fully embroiled in combat, with each new step re-fueling the initial anger that brought litigation forth in the first place.

Alternative Dispute Resolution

Med-arb and Bias

  • January 12, 2016
  • Ian R. McKenzie

In this article, Ian R. Mackenzie offers insight into McClintock v. Karam, 2015 ONSC 1024, relating to med-arb and bias.

Alternative Dispute Resolution