Mandating “Good Faith” – Not Always a Good Notion March 11, 2014 Sina Hariri In some jurisdictions across Canada and the United States, policy makers have suggested the implementation of a “good faith” requirement to ensure that parties will not frustrate the goals of mediation and will participate effectively. This paper will explore some of the pitfalls of a mandatory good faith requirement.
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.
ARE YOU READY TO MEDIATE? 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.
Reflections on the NHL Lockout July 13, 2013 Bernard Morrow As we approach the home stretch of the lockout shortened National Hockey League (NHL) hockey season and enjoy the playoff intensity that has been provided on the ice, I wonder about what might have been (no hockey!)...
Transparency Between Lawyers In An ADR Process: What A Novel Idea! July 13, 2013 Anne Freed The adversarial model is the model on which Ontario's legal system is based and remains the model taught in Law schools to this day. In this system, notions of transparency and open communication between the lawyers in a case are radical and almost unheard of...
Expense of Voluntary Mediations is Not the Subject of “Costs” July 13, 2013 Kathryn Shani The 2010 Ontario Divisional Court decision Saltsov v. Rolnick deals with a costs endorsement for the successful striking of the defendant’s counterclaim and third-party claim against the plaintiffs.
Editor's Comments July 13, 2013 Michael White We have a number of interesting articles for our spring newsletter and we are always looking for content. If you have any ideas that you wish to explore but are unsure of the topic, please do not hesitate to contact me at miwhite@blg.com for our next newsletter.
Philip M. Epstein, Q.C. , 2012 ADR Award of Excellence Recipient January 31, 2013 Bernard Morrow On September 19, 2012, Philip M. Epstein, Q.C., LSM, Cert. F. Arb., of Epstein Cole LLP, was awarded the ADR Award of Excellence for 2012 at a dinner held at the University of Toronto Club.
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.
Commerical Mediation Act, 2010 January 01, 2013 Paul Jacobs, Q.C., J.D., C.Med., C.Arb. Over the course of the last 20 years or so, mediation has become an increasingly important part of civil proceedings. In some jurisdictions such as Ontario, Canada, mediation has even become a mandatory part of the process in major commercial litigation centres.