Articles 2021


The Art of Litigating Clearly

  • October 09, 2014
  • Mitchell Rose

"We're just being reasonable"; "Come on, be rational!"; "You're not thinking clearly!" Lawyers and parties often make or hear statements such as these in the course of litigation - especially when attempting to negotiate a settlement with the opposing side at mediation. Yet how do people really know when they are engaging in rational thinking?

Alternative Dispute Resolution

Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35

  • June 13, 2014
  • Genevieve A. Chornenki, LL.B., LL.M.(ADR), C.Med. C.Arb.

When is a mediated settlement not a settlement? When there is a $7-million dollar dispute about what that settlement covers, and sufficient resources to fund an appeal to the highest court in the country. And why should mediators be appreciative of that litigation? Because it produced an authoritative primer on settlement privilege and confidentiality—legal concepts that contribute to the legitimacy and predictability of the mediation process.

Alternative Dispute Resolution

Mediation and Justice: A Contemporary Approach to a Classic Conception

  • March 11, 2014
  • Kate Genest

The prospect of the looming trial has, in most situations, become merely a backdrop against which parties generally settle their disputes. Mediation is often where the resolving of the conflict actually takes place, though not everyone supports this trend. Some critics raise concerns about whether mediation is in fact justice, as mediation is not expected to perform a truth seeking role, nor is it required to produce outcomes grounded in the legal rights and obligations of the parties.

Alternative Dispute Resolution


  • February 07, 2014
  • Bernard Morrow

In this article, I highlight five elements that I view as having the most significant impact on effective preparation for mediation.

Alternative Dispute Resolution

Chair's Message

  • January 04, 2013
  • Elizabeth Hyde

Happy 2013 and here's to a prosperous year for all. After taking over from Barry Fisher as Chair in September, I had the pleasure of presenting Phil Epstein with the ADR Award of Excellence as my first official duty. I then spent a fabulous weekend in Halifax with ADR Chairs from across the country.

Alternative Dispute Resolution