Articles 2023

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

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?

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.

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.

Twelve mediation advocacy tips for Ontario lawyers.

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.