Articles 2021

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Today
Quarantine Quarrels? This Mediation Tool May Help

Quarantine Quarrels? This Mediation Tool May Help

  • May 19, 2020
  • Jennifer Egsgard

Many of us are experiencing the historic coronavirus-mandated “lockdown” in close, relentless companionship – of partners, children, or housemates. This presents an opportunity for closeness borne from the intensity of the experience, but also increases the chance of conflict from which it may be difficult to retreat. This article describes how to use a mediation tool to help deal with quarantine conflict.

Alternative Dispute Resolution, Student Forum
Make the Most of Mediating Over Web or Phone

Make the Most of Mediating Over Web or Phone

  • May 07, 2020
  • Marshall Schnapp

Counsel today need to be comfortable mediating online or by teleconference with their parties if they’re to move files forward. You’d be surprised how much you can get accomplished with web or phone mediation, if you follow some best practices.

Alternative Dispute Resolution, Student Forum

Decision Tree Analysis of a Wrongful Dismissal Action

  • April 27, 2020
  • Barry B. Fisher LL.B., mediator and arbitrator

Decision Tree Analysis is simply a process of analyzing an issue on a step-by-step basis while applying the principles of probability.

Alternative Dispute Resolution, Student Forum

Challenging Fundamental Attribution Error in Mediation and Everyday Life

  • April 26, 2020
  • Sina Hariri

There are two kinds of attribution that we apply every single day: dispositional attribution, and situational attribution. The former is when we view an internal characteristic such as a personality trait, as the explanation for behaviour. We do this often with other people. The latter is when we view situations, circumstances or environmental factors outside our control as an explanation for behaviour. We do this often with ourselves. How does this impact mediation and everyday life?

Alternative Dispute Resolution, Student Forum

Third-party Funding and Mediation

  • March 18, 2020
  • Athanasios Papadas, LLB, LLM (Civ. Proc.; Intl Bus. Law)

Third-party funding (“TPF”) has gained traction in several Canadian jurisdictions. An increasing number of counsel and parties alike appreciate the value of non-recourse legal financing and its role in alleviating financial burden and mitigating risk. Thanks to these and other advantages of TPF, it is no surprise that parties engaged in (voluntary and mandatory) mediation have been able to leverage their being funded in numerous ways.

Alternative Dispute Resolution, Student Forum

Seeing the Silver Linings on the Cloud of “Failed” Mediations

  • March 04, 2020
  • Megan Keenberg

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Alternative Dispute Resolution, Student Forum

12 Mediation Advocacy Tips

  • March 04, 2020
  • Mitchell Rose

Twelve mediation advocacy tips for Ontario lawyers.

Alternative Dispute Resolution, Student Forum

Med-Arb: An Innovative Use of ADR to Meet Our Clients' Needs

  • February 13, 2020
  • Colm Brannigan, FCIArb, C. Med., C. Arb. and Conor Brannigan, Q. Med.

In the last number of years there has been a resurgence of interest in med-arb as a process that can be used outside family law and labour disputes. This article is brief overview of the med-arb process with a suggested model that should assist practitioners in using this dynamic process in appropriate cases.

Alternative Dispute Resolution, Student Forum

Preparing Your Client for Mediation

  • November 29, 2019
  • Christine Kilby

The 5 Ws of preparing for mediation. A great reference when preparing your clients for mediation.

Alternative Dispute Resolution, Student Forum

Do All Arbitration Clauses in Employment Agreements Violate the ESA?

  • November 05, 2019
  • Barry B. Fisher

The article comments on the Superior Court decision of Rhinehart v Legend 3D Canada (2019) ONSC 3296 by Justice Sanfilippo, who decided a motion to stay the action as the employment contract had an arbitration clause.

Alternative Dispute Resolution, Student Forum