Articles 2020

Aujourdʼhui
Aujourdʼhui

Virtual Mediation Memo

  • 31 mai 2020
  • Stuart Rudner

How to efficiently execute a settlement agreement, virtually.

Mécanismes extrajudiciaires de règlement des conflits

Virtual Mediation: Welcome to the New Normal

  • 22 mai 2020
  • Jennifer Egsgard

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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Considerations Around Virtual Mediation

  • 22 mai 2020
  • Christine Kilby

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.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Make the Most of Mediating Over Web or Phone

  • 07 mai 2020
  • Marshall Schnapp

Counsel today need to be comfortable mediating online or by teleconference with their parties if they’re to move files forward. You’d be surprised how much you can get accomplished with web or phone mediation, if you follow some best practices.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Decision Tree Analysis of a Wrongful Dismissal Action

  • 27 avril 2020
  • Barry B. Fisher LL.B., mediator and arbitrator

Decision Tree Analysis is simply a process of analyzing an issue on a step-by-step basis while applying the principles of probability.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Challenging Fundamental Attribution Error in Mediation and Everyday Life

  • 26 avril 2020
  • Sina Hariri

There are two kinds of attribution that we apply every single day: dispositional attribution, and situational attribution. The former is when we view an internal characteristic such as a personality trait, as the explanation for behaviour. We do this often with other people. The latter is when we view situations, circumstances or environmental factors outside our control as an explanation for behaviour. We do this often with ourselves. How does this impact mediation and everyday life?

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Third-party Funding and Mediation

  • 18 mars 2020
  • Athanasios Papadas, LLB, LLM (Civ. Proc.; Intl Bus. Law)

Third-party funding (“TPF”) has gained traction in several Canadian jurisdictions. An increasing number of counsel and parties alike appreciate the value of non-recourse legal financing and its role in alleviating financial burden and mitigating risk. Thanks to these and other advantages of TPF, it is no surprise that parties engaged in (voluntary and mandatory) mediation have been able to leverage their being funded in numerous ways.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Seeing the Silver Linings on the Cloud of “Failed” Mediations

  • 04 mars 2020
  • Megan Keenberg

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

12 Mediation Advocacy Tips

  • 04 mars 2020
  • Michell Rose

Twelve mediation advocacy tips for Ontario lawyers.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Med-Arb: An Innovative Use of ADR to Meet Our Client’s Needs

  • 13 février 2020
  • Colm Brannigan, FCIArb, C. Med., C. Arb. and Conor Brannigan, Q. Med.

In the last number of years there has been a resurgence of interest in med-arb as a process that can be used outside family law and labour disputes. This article is brief overview of the med-arb process with a suggested model that should assist practitioners in using this dynamic process in appropriate cases.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum