Articles 2023

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.

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.

Ryan Osbourne, a collaborative family lawyer and mediator, discusses how his approach to thinking of settlement first in family law cases is part of a growing trend away from the courts.

In this article, mediator Mitch Rose discusses the courts' interpretations of mediation confidentiality, enforceability of arbitration agreements, settlement discussions and releases in 2021.

On November 25, 2021, the Ontario Bar Association ("OBA") presented The Honourable Mary Jo Nolan with the Award of Excellence in Alternative Dispute Resolution ("ADR"). The award ceremony was held by Zoom, and over 70 people attended the ceremony.

An introduction to the Ontario Bar Association's ADR programming for the 2021-2022 year.

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.

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.

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.