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Neutral Diversity in Ontario - Profiling Select Diverse ADR Practitioners
Diana W. Dimmer | April 24, 2025
The OBA ADR Executive wants to continue the work of improving Neutral diversity in Ontario. As part of that we will be using the OBA-ADR newsletter to profile select diverse Neutrals so that OBA members and others gain greater familiarity with these diverse ADR practitioners. We have chosen Jennifer Egsgard as our next diverse Neutral to profile. Jennifer is a Distinguished Fellow of the International Academy of Mediators and a Harvard-trained mediator.
Learn moreRace with the Machine: A Review of Online Dispute Resolution by Colm Brannigan and Marc Bhalla
Matthew Gordon | April 12, 2024
A review by Matthew Gordon, a Toronto-based litigator with experience resolving civil, administrative, labour, employment and constitutional disputes and the sitting Chair of the Ontario Bar Association’s Alternative Dispute Resolution section, of Online Dispute Resolution by Colm Brannigan and Marc Bhalla.
Learn moreAchieving Success in Mediating Catastrophic Injuries
Marshall Schnapp, BA, JD, LLM (ADR) | November 02, 2023
Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law. Significant amounts of money are often on the line. Since most civil cases settle before trial, a mediation session where the parties are brought together to negotiate with a neutral third party can be the pivotal moment in proceedings. In this article, I offer some thoughts on how to effectively mediate catastrophic injury cases.
Learn moreFinding Your Client's Reservation Point
In many negotiations, a client's reservation point becomes critical to understanding settlement options. A reservation point is the worst settlement a client will accept in order to avoid the worst alternative to a negotiated agreement. This situation applies to litigation, non-litigious disputes, and business negotiations, with slightly different dynamics in each.
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Settlement Privilege: Exceptions and Considerations in Family Law
Crystal Heidari | March 10, 2023
The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?
Learn moreEmployment Mediation in the Age of ZOOM
Barry Fisher | November 23, 2022
Employment mediations have gone virtual. What does that mean for the parties, for counsel, for the mediator, and for the future of the profession? Here are 20 key points about where Zoom is taking the practice of employment mediation.
Learn moreRevised ICSID Regulations and Rules: Official recognition of third-party funding’s popularity
Athanasios Papadas | June 22, 2022
International treaties commonly contain investment dispute resolution procedures. The International Centre for Settlement of Investment Disputes (ICSID) Rules are the most popular procedures chosen under these agreements. New amendments to these rules come into force on July 1, 2022, the first amendments since 2006. Key guidance regarding cost allocation, security for costs, and third-party funding are essential to arbitrators, counsel and parties embroiled in these critical disputes.
Learn morePreparing 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 moreRatcheting in Representative Negotiation
Matthew Gordon | March 31, 2022
Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.
Learn moreManaging Different Insurers' Interests at Global Mediation
Joseph Sullivan | February 22, 2022
In a global mediation of an insurance claim, there are often three different insurers: tort, accident benefits, and long-term disability. Each may bring a different perspective to the table, as well as a different timeline and different underlying interests. In this article, experienced insurance mediator Joseph Sullivan explains some of the main issues that arise in these global settlement scenarios.
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 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 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 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.
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