Articles 2020

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.

COVID-19-related court backlogs and closures have caused commercial litigation to take longer. Case management arbitration allows parties to craft a process to resolving their disputes in a timely, expedient manner.

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.

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.

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.

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.

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.

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.

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.