About ArticlesThe below articles are published by the Alternative Dispute Resolution Section of the Ontario Bar Association.  Members are encouraged to submit articles.  About Articles

Editor: Alexander Melfi


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.

Alternative Dispute Resolution


  • 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.

Alternative Dispute Resolution

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...

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 for our next newsletter.

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.

Alternative Dispute Resolution

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.