Articles 2021

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.

This article proposes a new dispute resolution "Hybrid Process" designed to support nation-to-nation building in Canada. In the past, the authors (a First Nations leader and former Grand Council Chief and two Canadian mediators) have used conventional mediation processes with First Nation People and it has not worked because mediation is not an Indigenous cultural practice. However, the Hybrid Process combines two culturally unique practices – Indigenous peacemaking and mediation.

A review of some common ineffective approaches to mediation offers opportunities to better understand the type of behaviours to avoid at mediation, and why.

Parenting Coordination is a child-focused alternative dispute resolution process for high conflict parents with a history on ongoing child-related disputes. As the Parenting Coordination process becomes more popular with lawyers, judges and clients, it is incumbent on those who practice in the area to ensure that it is a successful process for high conflict families following separation.

Mediator and arbitrator Marc Bhalla uses case studies to argue that effective advocacy in mediation requires a different approach than advocacy in Court or arbitration.

Mediator and lawyer Stuart Rudner observes how preparation for mediation, or lack thereof, can impact settlement. In this article, he provides tips for lawyers on how to maximize settlement opportunities through thoughtful mediation preparation.

In a recent Ontario Court decision, Canfield v. Brockville Ontario Speedway, a defendant's refusal to participate in non-mandatory mediation had negative cost consequences for the defendant.

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.