Articles 2023

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Getting Past Impasse with Mediator Settlement Recommendations

Getting Past Impasse with Mediator Settlement Recommendations

  • April 08, 2019
  • Mitchell Rose, chartered mediator and settlement counsel, Stancer, Gossin, Rose LLP

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.

Alternative Dispute Resolution, Student Forum
Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

  • December 17, 2018
  • John Beaucage, B.A., D.Litt., Alicia Kuin, B.A., M.A., LL.M., Q.Med. and Paul Iacono, Q.C.

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.

Aboriginal Law, Alternative Dispute Resolution, Natural Resources and Energy Law and 1 more..., Student Forum
Ineffective Advocacy in Mediation

Ineffective Advocacy in Mediation

  • December 05, 2018
  • Marc Bhalla

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

Alternative Dispute Resolution, Student Forum
The (Unique) Perils of the Parenting Coordination Process

The (Unique) Perils of the Parenting Coordination Process

  • September 18, 2018
  • Elizabeth Hyde, B. Ed., J.D., LL.M., Acc. FM., FDRP PC

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.

Alternative Dispute Resolution, Student Forum
Effective Advocacy at Mediation

Effective Advocacy at Mediation

  • September 06, 2018
  • Marc Bhalla, mediator and arbitrator

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.

Alternative Dispute Resolution, Student Forum
Preparing for Mediation

Preparing for Mediation

  • September 06, 2018
  • Stuart Rudner, employment lawyer and mediator

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.

Alternative Dispute Resolution, Student Forum
The Costs of Refusing Mediation

The Costs of Refusing Mediation

  • September 05, 2018
  • Mitchell Rose, lawyer/chartered mediator/settlement counsel with SGR LLP

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.

Alternative Dispute Resolution, Student Forum

Online Dispute Resolution: It’s Time to Rethink the Future, While We Still Can

  • September 05, 2018
  • Colm Brannigan, mediator and arbitrator, and Conor Brannigan, mediator

When we think of ADR, most practitioners see themselves as working face–to-face with their clients. However on-line dispute resolution (ODR) technologies are quickly becoming part of the “new” mainstream. Our clients, influenced by new on-line tribunals, will demand ODR services. Colin and Colm Brannigan argue that we must learn to “race with the machine” in order to remain competitive in what will soon be a very different marketplace.

Alternative Dispute Resolution, Student Forum
The Ideal Lawyer – 21st Century Redux

The Ideal Lawyer – 21st Century Redux

  • May 28, 2018
  • Craig A. Brannagan

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.

Alternative Dispute Resolution, Criminal Justice, Taxation Law and 1 more..., Student Forum