Articles 2024

Today
Today
Considerations Around Virtual Mediation

Considerations Around Virtual Mediation

  • May 22, 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.

Alternative Dispute Resolution, Student Forum
Virtual Mediation: Welcome to the New Normal

Virtual Mediation: Welcome to the New Normal

  • May 19, 2020
  • Bernard Morrow, Mitchell Rose and Tahir Khorasanee

Technology has provided us all with the tools to continue mediating during an unprecedented crisis, in the best interests of our justice system and those that it serves. Bernard Morrow, a senior mediator; Mitchell Rose, a senior mediator and settlement counsel, and Tahir Khorasanee, litigator at Levitt LLP comment on the benefits and challenges of virtual mediation.

Alternative Dispute Resolution, Student Forum
Quarantine Quarrels? This Mediation Tool May Help

Quarantine Quarrels? This Mediation Tool May Help

  • May 19, 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.

Alternative Dispute Resolution, Student Forum
Make the Most of Mediating Over Web or Phone

Make the Most of Mediating Over Web or Phone

  • May 07, 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.

Alternative Dispute Resolution, Student Forum

Decision Tree Analysis of a Wrongful Dismissal Action

  • April 27, 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.

Alternative Dispute Resolution, Student Forum

Challenging Fundamental Attribution Error in Mediation and Everyday Life

  • April 26, 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?

Alternative Dispute Resolution, Student Forum

Third-party Funding and Mediation

  • March 18, 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.

Alternative Dispute Resolution, Student Forum

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

  • March 04, 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.

Alternative Dispute Resolution, Student Forum

12 Mediation Advocacy Tips

  • March 04, 2020
  • Mitchell Rose

Twelve mediation advocacy tips for Ontario lawyers.

Alternative Dispute Resolution, Student Forum

Med-Arb: An Innovative Use of ADR to Meet Our Clients' Needs

  • February 13, 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.

Alternative Dispute Resolution, Student Forum