Articles 2020

Today
Today

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

How You Can Learn Conflict Resolution from Harry Potter

  • November 02, 2020
  • Kim Gale

In J.K. Rowling's Harry Potter series, Bernard Mayer's five-part theory of conflict resolution aids the understanding of some of the wizarding world's most prominent characters.

Alternative Dispute Resolution, Student Forum

Auto Accident Mediations: Tips Sheet

  • October 13, 2020
  • Joseph Sullivan

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Alternative Dispute Resolution, Insurance Law, Student Forum and 1 more..., Young Lawyers' Division
Mandatory Mediation in Ontario: Taking Stock After 20 Years

Mandatory Mediation in Ontario: Taking Stock After 20 Years

  • July 16, 2020
  • Jennifer L. Egsgard

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?

Alternative Dispute Resolution, Student Forum

How Do Mandatory Arbitration Clauses Work? Three Introductory Issues

  • June 16, 2020
  • Matthew Gordon

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.

Alternative Dispute Resolution, Student Forum
Virtual Mediation Memo

Virtual Mediation Memo

  • May 31, 2020
  • Stuart Rudner

How to efficiently execute a settlement agreement, virtually.

Alternative Dispute Resolution