Articles

For nearly 20 years mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor through the Ontario Mandatory Mediation Program. Twenty years later, it is worth taking stock of the program: why and how was it introduced, how has it changed, and what do Ontario lawyers think of mandatory mediation now?

A senior mediator and a litigator discuss the purpose and strategy behind opening statements and joint sessions.

How to efficiently execute a settlement agreement, virtually.

In the current climate of physical distancing, mediating online using platforms like Zoom or Microsoft WebEx has gained prominence. Many mediators are well-equipped to offer their services using these platforms and to respond to concerns that counsel or their clients may have. As counsel consider whether or not to take their mediations online, certain factors will be relevant to the decision-making process.

Technology has provided us all with the tools to continue mediating during an unprecedented crisis, in the best interests of our justice system and those that it serves. Bernard Morrow, a senior mediator; Mitchell Rose, a senior mediator and settlement counsel, and Tahir Khorasanee, litigator at Levitt LLP comment on the benefits and challenges of virtual mediation.

Many of us are experiencing the historic coronavirus-mandated “lockdown” in close, relentless companionship – of partners, children, or housemates. This presents an opportunity for closeness borne from the intensity of the experience, but also increases the chance of conflict from which it may be difficult to retreat. This article describes how to use a mediation tool to help deal with quarantine conflict.