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Preparing a Kick-Ass Mediation Brief
Stuart Rudner | April 14, 2022
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.
Learn moreChloe Snider and Karin Kazakevich | April 08, 2022
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.
Learn moreThe Year in ADR: Noteworthy 2021 Court Decisions About Not Going to Court
Mitchell Rose | December 18, 2021
In this article, mediator Mitch Rose discusses the courts' interpretations of mediation confidentiality, enforceability of arbitration agreements, settlement discussions and releases in 2021.
Learn moreOnline Mediation or In-Person: Determining the best Path for your Case
Marshall Schnapp | August 27, 2021
Now that virtual mediation is becoming a norm, will returning to in-person be right for your case? Marshall Schnapp addresses the key issues facing the decision to mediate in person versus online.
Learn moreThe Case Has Settled: Who Should Draft the Minutes of Settlement?
Bernard Morrow | July 03, 2021
When the parties have settled, it appears as though the case is over and everyone can go home. However, the terms contained in the minutes of settlement are crucial to understanding the parties' agreement and any obligations going forward. The need for counsel to draft minutes of settlement reflecting the parties' agreement remains as important as ever in these challenging times.
Learn moreVideo mediation has become bigger than ever since 2020, but there are still impasses between parties that can prevent a deal. In a two-part article, starting with the benefits of video mediation and continuing with ways to adapt traditional settlement strategies, Stuart Rudner provides a step-by-step guide for reaching a virtual settlement.
Learn moreViews from the COVID Bomb Shelter – A Statistical Analysis
Vance Cooper, Jonathan T. Cooper, Logan Cooper | May 14, 2021
Vance Cooper, with contributions from Jonathan T. Cooper and Logan Cooper, explains the trajectory of a mediation boutique during these COVID-afflicted times. Using a quantitative survey, this article shows the change in settlement rates from March 2020 until the present time.
Learn moreThird-Party Funding and Ethical Considerations for ADR Providers
Athanasios Papadas | May 14, 2021
With the rise of third-party funding in Canada, ethical issues have arisen involving the disclosure of third-party funders in ADR processes. This article takes a global perspective, looking at how international and comparative statutes may influence Canadian law. Then the article argues for more wide-reaching disclosure so add transparency to ADR processes in Canada.
Learn moreApril 15, 2021
The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.
Learn moreSaving Face: Ego Utility in ADR
Matthew Gordon | March 16, 2021
How do you deal with a party who's convinced of their own correctness. Using knowledge gained from Botond Koszegi's 2006 article on ego utility that remains just as relevant in 2021, this article discusses some common ways peoples' ongoing need to maintain a healthy ego can prolong or even cause disputes.
Learn moreRecent Trends in the Mediation of Employment Law Disputes
2020 was a remarkable year for employment law. In this article, ZOOM mediations, enforceability of termination clauses, valuation of shares in non-public companies, and the poverty defence come to the forefront as four of the biggest current trends in employment law in Ontario.
Learn moreMediation-Arbitration: A Better Way to Resolve Disputes?
Mana Khami and David Canton | February 06, 2021
In the wake of the 2020 and 2021 Ontario provincial emergency orders, parties and their lawyers have had to be increasingly creative in resolving disputes that may be delayed in getting to court. Mediation-arbitration (med-arb) allows parties to craft their own solutions, with resort to a final, binding decision that will clarify the case and their relationship.
Learn moreA Mediation Practice's One-Year Anniversary
Afsana Gibson-Chowdhury | January 11, 2021
Experienced lawyers and new or foreign lawyers alike may find commonalities in the strengths they demonstrate and the challenges they face in starting a mediation practice. Here are ten of the top insights from the first year of Gibson Chowdhury.
Learn moreChristine Kilby | January 06, 2021
In litigation, there are a number of factors parties (and their advocates) can control, but an equally important number of factors they cannot. It can be difficult to determine where control of a case ends when the stakes are high, but there are some crucial aspects of any litigation case to keep in mind.
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