Articles 2023


Race with the Machine: A Review of Online Dispute Resolution by Colm Brannigan and Marc Bhalla

  • April 12, 2024
  • Matthew Gordon

A review by Matthew Gordon, a Toronto-based litigator with experience resolving civil, administrative, labour, employment and constitutional disputes and the sitting Chair of the Ontario Bar Association’s Alternative Dispute Resolution section, of Online Dispute Resolution by Colm Brannigan and Marc Bhalla.

Alternative Dispute Resolution, Student Forum

Achieving Success in Mediating Catastrophic Injuries

  • November 02, 2023
  • Marshall Schnapp, BA, JD, LLM (ADR)

Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law. Significant amounts of money are often on the line. Since most civil cases settle before trial, a mediation session where the parties are brought together to negotiate with a neutral third party can be the pivotal moment in proceedings. In this article, I offer some thoughts on how to effectively mediate catastrophic injury cases.

Alternative Dispute Resolution, Student Forum

Finding Your Client's Reservation Point

  • May 02, 2023
  • Matthew Gordon

In many negotiations, a client's reservation point becomes critical to understanding settlement options. A reservation point is the worst settlement a client will accept in order to avoid the worst alternative to a negotiated agreement. This situation applies to litigation, non-litigious disputes, and business negotiations, with slightly different dynamics in each.

Alternative Dispute Resolution, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • March 10, 2023
  • Crystal Heidari

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Alternative Dispute Resolution, Student Forum

Employment Mediation in the Age of ZOOM

  • November 23, 2022
  • Barry Fisher

Employment mediations have gone virtual. What does that mean for the parties, for counsel, for the mediator, and for the future of the profession? Here are 20 key points about where Zoom is taking the practice of employment mediation.

Alternative Dispute Resolution, Student Forum

Welcome from the Chair and Vice-Chair

  • November 16, 2022
  • Afsana Gibson-Chowdhury and Matthew Gordon

The ADR Section Executive is back for another great year of CPD, networking events, mentorship events, and arguing for increased use of ADR processes in the legal field.

Alternative Dispute Resolution, Student Forum

Revised ICSID Regulations and Rules: Official recognition of third-party funding’s popularity

  • June 22, 2022
  • Athanasios Papadas

International treaties commonly contain investment dispute resolution procedures. The International Centre for Settlement of Investment Disputes (ICSID) Rules are the most popular procedures chosen under these agreements. New amendments to these rules come into force on July 1, 2022, the first amendments since 2006. Key guidance regarding cost allocation, security for costs, and third-party funding are essential to arbitrators, counsel and parties embroiled in these critical disputes.

Alternative Dispute Resolution, Student Forum
Old-fashioned sepia ad with picture of car and slogan 'this is not your father's Oldsmobile'

Preparing a Kick-Ass Mediation Brief

  • April 14, 2022
  • Stuart Rudner

The digital age has changed the capabilities of how a mediation brief can read, look and feel. In this article, Stuart Rudner outlines some key strategies advocates can use when presenting their cases for mediation, which is one of the - if not the most - major steps in employment and civil disputes.

Alternative Dispute Resolution, Student Forum

The Standard of Review for Jurisdiction Decisions in International Commercial Arbitration – An Update on Recent Jurisdiction Decisions

  • April 08, 2022
  • Chloe Snider and Karin Kazakevich

Ontario and BC courts have recently taken conflicting approaches to the standard of review of jurisdictional decisions in international commercial arbitration under the UNCITRAL Model Law. In this article, Chloe Snider and Karin Kazakevich explore this case law in detail, including the theoretical differences between the correctness standard and a hearing de novo.

Alternative Dispute Resolution, International Law, Student Forum

Ratcheting in Representative Negotiation

  • March 31, 2022
  • Matthew Gordon

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.

Alternative Dispute Resolution, Student Forum