Articles

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

Today
Today

Do All Arbitration Clauses in Employment Agreements Violate the ESA?

  • November 05, 2019
  • Barry B. Fisher

The article comments on the Superior Court decision of Rhinehart v Legend 3D Canada (2019) ONSC 3296 by Justice Sanfilippo, who decided a motion to stay the action as the employment contract had an arbitration clause.

Alternative Dispute Resolution, Student Forum

Welcome from the Chair and Vice-Chair 2019/20

  • October 09, 2019
  • Megan Keenberg, chair, and Mitchell Rose, vice-chair

As the 2019/20 Chair and Vice-Chair of the OBA's Alternative Dispute Resolution Section ('ADR Section'), Megan Keenberg and Mitchell Rose welcome all members of the ADR Section and provide an overview of upcoming activities and events in their welcome letter.

Alternative Dispute Resolution, Student Forum
ADR Clauses and Employment Contracts: How to Avoid Costly Litigation

ADR Clauses and Employment Contracts: How to Avoid Costly Litigation

  • August 13, 2019
  • Yasamin Pouragheli, LL.B., LL.M.

This article highlights some issues discussed at the June 13, 2019 panel titled “ADR Clauses and Employment Contracts: How to Avoid Costly Litigation”, hosted by the OBA ADR section in Toronto. 

Alternative Dispute Resolution, Student Forum
How Defence-side Funding Can Benefit Respondents in ADR

How Defence-side Funding Can Benefit Respondents in ADR

  • August 13, 2019
  • Athanasios Papadas, LLB, LLM (CIV. PROC.; INTL BUS. LAW)

This article discusses the concept of defence-side third party funding and how it can benefit respondence in ADR proceedings.

Alternative Dispute Resolution, Student Forum
Mediation Should be Mandatory

Mediation Should be Mandatory

  • June 27, 2019
  • Stuart Rudner

Mediation is mandatory only in Toronto, Windsor and Ottawa. It is time for it to be mandatory everywhere in Ontario

Alternative Dispute Resolution, Student Forum
Coming Changes to Mediating Consumer Complaints

Coming Changes to Mediating Consumer Complaints

  • May 08, 2019
  • David Sobel, Ministry of Government and Consumer Services

Disputes between consumers and businesses are commonplace in Canada. New changes to Ontario consumer protection laws will formalize consumer access to free mediation services in order to resolve disputes with businesses.

Alternative Dispute Resolution, Student Forum
The Art and Science of Mediating

The Art and Science of Mediating

  • April 09, 2019
  • Paul M. Iacono, Q.C.

In this article, mediator Paul M. Iacono, Q.C. provides his views for counsel on how best to select a mediator, prepare a mediation brief, prepare clients prior to mediation and advocate at mediation. He then summarizes techniques that mediators can use before and during mediations to increase chances of settlement.

Alternative Dispute Resolution, Student Forum
Tips for a Successful Mediation

Tips for a Successful Mediation

  • April 09, 2019
  • Stuart Rudner

This article contains a series of tips on how parties should approach mediation, based upon Stuart Rudner's attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as a mediator.

Alternative Dispute Resolution, Student Forum
Getting Past Impasse with Mediator Settlement Recommendations

Getting Past Impasse with Mediator Settlement Recommendations

  • April 08, 2019
  • Mitchell Rose, chartered mediator and settlement counsel, Stancer, Gossin, Rose LLP

Mediator Mitchell Rose describes his “no one gets hurt” approach to mediator settlement recommendations. He explains how his approach preserves party autonomy and bargaining power, while maximizing the chances of settlement.

Alternative Dispute Resolution, Student Forum