Articles 2023

Aujourdʼhui
Aujourdʼhui

Achieving Success in Mediating Catastrophic Injuries

  • 02 novembre 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Finding Your Client's Reservation Point

  • 02 mai 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • 10 mars 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?

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Employment Mediation in the Age of ZOOM

  • 23 novembre 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Welcome from the Chair and Vice-Chair

  • 16 novembre 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

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

  • 22 juin 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.

Mécanismes extrajudiciaires de règlement des conflits, 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

  • 14 avril 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

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

  • 08 avril 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Ratcheting in Representative Negotiation

  • 31 mars 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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Managing Different Insurers' Interests at Global Mediation

  • 22 février 2022
  • Joseph Sullivan

In a global mediation of an insurance claim, there are often three different insurers: tort, accident benefits, and long-term disability. Each may bring a different perspective to the table, as well as a different timeline and different underlying interests. In this article, experienced insurance mediator Joseph Sullivan explains some of the main issues that arise in these global settlement scenarios.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum