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In this article, the authors interview Afsana Gibson-Chowdhury, an experienced mediator who has been actively involved in improving Neutral Diversity in Ontario.

A review by Matthew Gordon, a Toronto-based litigator with experience resolving civil, administrative, labour, employment and constitutional disputes and the sitting Chair of the Ontario Bar Association’s Alternative Dispute Resolution section, of Online Dispute Resolution by Colm Brannigan and Marc Bhalla.

Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law. Significant amounts of money are often on the line. Since most civil cases settle before trial, a mediation session where the parties are brought together to negotiate with a neutral third party can be the pivotal moment in proceedings. In this article, I offer some thoughts on how to effectively mediate catastrophic injury cases.

In many negotiations, a client's reservation point becomes critical to understanding settlement options. A reservation point is the worst settlement a client will accept in order to avoid the worst alternative to a negotiated agreement. This situation applies to litigation, non-litigious disputes, and business negotiations, with slightly different dynamics in each.

Employment mediations have gone virtual. What does that mean for the parties, for counsel, for the mediator, and for the future of the profession? Here are 20 key points about where Zoom is taking the practice of employment mediation.

The ADR Section Executive is back for another great year of CPD, networking events, mentorship events, and arguing for increased use of ADR processes in the legal field.

International treaties commonly contain investment dispute resolution procedures. The International Centre for Settlement of Investment Disputes (ICSID) Rules are the most popular procedures chosen under these agreements. New amendments to these rules come into force on July 1, 2022, the first amendments since 2006. Key guidance regarding cost allocation, security for costs, and third-party funding are essential to arbitrators, counsel and parties embroiled in these critical disputes.

The digital age has changed the capabilities of how a mediation brief can read, look and feel. In this article, Stuart Rudner outlines some key strategies advocates can use when presenting their cases for mediation, which is one of the - if not the most - major steps in employment and civil disputes.

Ontario and BC courts have recently taken conflicting approaches to the standard of review of jurisdictional decisions in international commercial arbitration under the UNCITRAL Model Law. In this article, Chloe Snider and Karin Kazakevich explore this case law in detail, including the theoretical differences between the correctness standard and a hearing de novo.

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.

With the rise of third-party funding in Canada, ethical issues have arisen involving the disclosure of third-party funders in ADR processes. This article takes a global perspective, looking at how international and comparative statutes may influence Canadian law. Then the article argues for more wide-reaching disclosure so add transparency to ADR processes in Canada.

COVID-19-related court backlogs and closures have caused commercial litigation to take longer. Case management arbitration allows parties to craft a process to resolving their disputes in a timely, expedient manner.

Video mediation has become bigger than ever since 2020, but there are still impasses between parties that can prevent a deal. In a two-part article, starting with the benefits of video mediation and continuing with ways to adapt traditional settlement strategies, Stuart Rudner provides a step-by-step guide for reaching a virtual settlement.

Sara Racicot, a law student at Queens University Belfast, explains her journey learning ADR through law school simulations in this diary entry.

In this article, Harold Arkin uses two case studies from his personal injury practice to illustrate how an impasse in motor vehicle mediation can be solved with the passage of time and the cooling of passions - but as with anything in dispute resolution, there are no guarantees.

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

How do you deal with a party who's convinced of their own correctness. Using knowledge gained from Botond Koszegi's 2006 article on ego utility that remains just as relevant in 2021, this article discusses some common ways peoples' ongoing need to maintain a healthy ego can prolong or even cause disputes.

2020 was a remarkable year for employment law. In this article, ZOOM mediations, enforceability of termination clauses, valuation of shares in non-public companies, and the poverty defence come to the forefront as four of the biggest current trends in employment law in Ontario.

In the wake of the 2020 and 2021 Ontario provincial emergency orders, parties and their lawyers have had to be increasingly creative in resolving disputes that may be delayed in getting to court. Mediation-arbitration (med-arb) allows parties to craft their own solutions, with resort to a final, binding decision that will clarify the case and their relationship.

It's a new year with a new amendment to Ontario's virtual mediation rules. Here's a primer on how this amendment, regarding election on mediation forum, impacts lawyers and mediators in Ontario.