On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable. Its Judgement in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153 (CanLII) quashed approval of the $9.3-billion (CAN) Trans Mountain oil pipeline. The Canadian government announced last spring that it would purchase the Trans Mountain pipeline from Kinder Morgan Ltd….

The term “art disputes” encompasses a broad range of disputes in the area of art and cultural heritage. They may relate to copyright and moral rights, chain of title, restitution, acquisition, donation, loan and deposit, insurance of art works, art as collateral in financing transactions, art fairs, digitalization, misappropriation of traditional cultural expressions, and several…

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…

The hills above Edinburgh, Scotland, were bursting with the splendor of bright yellow flowers when mediators from across the globe assembled for the spring conference of the International Academy of Mediators. I had been asked by the conference organizers to lead a discussion, with the goal of inspiring some of the world’s most successful commercial…

I am as much a mediator as I am a member of the global exhibition industry. Knowing both professions intimately, I strongly believe that mediation should be a fundamental tool used to address and solve conflicts within the exhibition industry. In the exhibition industry, healthy co-operation is key to future success and business relationships are…

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…

One could be forgiven for assuming that the EU has bigger things to worry about these days than whether the EU Mediation Directive has had its desired impact, and therefore the most recent European Parliament Resolution on this area has passed under the radar – at least my radar – until now. Drawing on various…

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Recently, a series of day-long meetings styled as the Global Pound…

This blog was written in response to several recent meetings with different audiences, which illustrated for me the diverse perceptions of and responses to the role of digital technologies across the practices of dispute resolution. On the one hand, I hear of a cautious judicial recognition that the courts need to develop (and develop soon)…