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…
(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…
Having looked at The Rise of Co Mediation in Mega Mediations last month and the challenges such cases pose for mediators, let’s get a little closer to the inner workings of these mediations, especially at the intake stage. So many moving parts – the people, the paper, the posturing – like a long haul plane sitting…
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…
Life as a ‘pracademic’ is a wonderful experience. I have the pleasure of teaching intensive programs in ADR at postgraduate and undergraduate level and in between I work in my own practice as a mediator, facilitator and coach. A great life! My teaching life includes the privilege of training my university’s team for the ICC…
John Sturrock’s May 1st thought-provoking blog post on mediator “fairness” styled itself a “provocation” and invited comment and response. Here’s mine. John, thank you for your thought-provoking blog post. My perspective is that of a Canadian commercial mediator with nearly 30 years experience and about 4,000 cases mediated, virtually all involving represented individual claimants and represented…
A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”. The language of the…
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…
As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation, especially when mediating a litigated case. Mediation has, some would say unfortunately, become a more…
Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…
