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



When Things Go South

  • April 20, 2021
  • Harold Arkin

In this article, Harold Arkin uses two case studies from his personal injury practice to illustrate how an impasse in motor vehicle mediation can be solved with the passage of time and the cooling of passions - but as with anything in dispute resolution, there are no guarantees.

Alternative Dispute Resolution, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 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.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law

Saving Face: Ego Utility in ADR

  • March 16, 2021
  • Matthew Gordon

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.

Alternative Dispute Resolution, Student Forum

Recent Trends in the Mediation of Employment Law Disputes

  • March 16, 2021
  • Barry Fisher

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.

Alternative Dispute Resolution, Student Forum

Mediation-Arbitration: A Better Way to Resolve Disputes?

  • February 06, 2021
  • Mana Khami and David Canton

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.

Alternative Dispute Resolution, Student Forum

Happy Hybrid Mediation New Year!

  • January 13, 2021
  • Mitchell Rose

It's a new year with a new amendment to Ontario's virtual mediation rules. Here's a primer on how this amendment, regarding election on mediation forum, impacts lawyers and mediators in Ontario.

Alternative Dispute Resolution, Student Forum

A Mediation Practice's One-Year Anniversary

  • January 11, 2021
  • Afsana Gibson-Chowdhury

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.

Alternative Dispute Resolution, Student Forum

Control What You Can Control

  • January 06, 2021
  • Christine Kilby

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.

Alternative Dispute Resolution, Student Forum

Losing Ground: Resolving Toxic Disputes

  • December 16, 2020
  • Matthew Gordon

Some disputes involve a deterioration of both the amount available to the parties and the relationship the parties have going forward. Whether as an advocate or as a mediator, there are a few key basics to keep in mind when dealing with situations when costs start to outweigh benefits.

Alternative Dispute Resolution, Student Forum

Top Ten Issues to Include in a Virtual Arbitration Protocol

  • November 13, 2020
  • Megan Keenberg

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

Alternative Dispute Resolution, Student Forum