Appointment of Mediators, Creativity, Developing the Field, Ethics, Evaluative Mediation, Fear, insider and outsider mediators, Intuition, mediation models, Mediation Outcomes, Mediators’ Conduct, omnipartiality in mediation, Online Dispute Resolution (ODR), Online Mediation, Perception, Practical Challenges for Mediators, Research, Skills, Success in mediation, Tactics, The role of the mediator, Tips, user perspectives

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“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

China, Commercial Mediation, Mediators’ Conduct, Reflective Practice, Stories

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Recently, as I sat in a mediation room awaiting the arrival of lawyers and clients I did something I have often done for more than 20 years. I performed an ancient divination ritual. I cast the I Ching. The I Ching is an ancient Chinese oracle dating back about 3,000 years. It has provided insight…

Developing the Field, Future of mediation, Mediation Practice, Promoting Mediation, Reflective Practice, Research

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Michael Leathes in his recent  thought provoking post argues for the need for more “field-based” mediation research by which he means actual observations of the live action by skilled researchers.  He poses the questions: “Has the mediation world spent too long developing lab-based facts to suit its theories? Might it start to hone new theories…

Appointment of Mediators, Availability of Mediators, Class action, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Economics, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients

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While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…

Mediation Practice, Set Aside a Mediated Agreement, Settlement Agreements

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Let me climb off my usual soap box this month and focus on more mundane matters primarily of interest to mediators (and lawyers) in my jurisdiction. A recent decision of the Ontario Superior Court illuminates the approach a judge will take when a party calls into question the enforceability of their settlement agreement. Generally, the…

ADR, Dispute Resolution, Mediation Practice, mediation process, Personal Development, Success in mediation

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You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen it all before” plaintiff’s lawyer wearily closes her laptop. “That’s it!”, she says. “We’re outta here unless you go back and get us a…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.)

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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….

Developing the Field, Mediation Practice

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It’s August and I’m cooking up some Stone Soup. What I’m actually doing is finalizing the syllabus, lesson plans, lecture notes, readings, guest speaker list and slide decks.  The materials are for my Mediation Theory and Practice seminar at the University of Ottawa Law School starting in September. (Thank goodness for the last minute, otherwise…

Commercial Mediation, Mediation Practice

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  The recently released decision in L-Jalco Holdings Inc. v. Lawrynowicz & Associates, 2018 ONSC 4002 (CanLII) will be of great interest to mediators, lawyers and clients alike. The case offers a rare glimpse inside the “sausage factory” that is commercial mediation and highlights mediator persistence and creativity in reaching a settlement of a complex…