An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article…

Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in…

What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process. Earlier this year the…

Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old issue of deception in mediation. It’s an issue that mediators, lawyers and parties engaged in mediation or negotiation do well to reflect on from…

The Civil Justice system in Ontario is broken; badly broken. Not a week goes by without another report decrying the sad state of affairs in our Courts. Consider the article from the most recent Law Times entitled, “Lawyers frustrated as motion delays hit 7 months”. The articles quotes Roger Oatley, one of the deans of the…

Sorry (as we Canadians tend to say a lot). I’m A few days late with this post as I’ve been vacationing in London U.K. with my wife and 14-year old daughter. (Wonderful time, thanks). Today is my first day back in the office after the two weeks away and I’m sure readers will know what…

As Ella Fitzgerald used to sing, Summertime and the livin’ is easy. Your faithful Canadian correspondent knows you are craving mediation-related reading to help you while away those lazy, crazy-hazy days of summer. Four recent Canadian judicial decisions should fill the bill. Supreme Court of Canada encourages Pierringer Agreements. In June the Supreme Court of…

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets remaining from the Nortel insolvency. The Ontario Courts are now struggling with the fallout from that failed mediation. This week saw the release of…

“They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort mediation, involving a single plaintiff and two insurers started at 10 am and concluded 8 hours and 15 minutes later. The following is the sequence of…

In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because…