‘Money-only’ Cases

'Money-only' Cases, Commercial Mediation, Court Procedure and Litigation, Evaluative Mediation, Mediation Outcomes, Settlement Agreements, Success in mediation

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A recently reported decision of the Ontario Superior Court highlights the efficacy of the mediation process in resolving complex disputes particularly in circumstances where uncertainty of outcome reigns supreme.  In Johnston v. The Shelia Morrison Schools, 2013 ONSC 1528 Justice Perell was asked to approve a settlement in an Action which had been certified under…

'Money-only' Cases, Clients, Commercial Mediation, Creativity, mediation models, Mediators’ Conduct, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

Recently, during a lull in the action in a tort mediation, I was drawn aside by an insurance representative I see frequently. He had concerns about my “style” as a mediator. “Every mediation it’s the same thing”, he said. “It’s almost like everyone knows where the case is going to settle in advance so why…

'Money-only' Cases, ADR, Commercial Mediation, Creativity, Deal Mediation, Future of mediation, Governments/Public Sector, Litigation, Mediation Practice, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…

'Money-only' Cases, Combined Clauses, Commercial Mediation, Deal Mediation, Legal Issues, War Stories

(Weiler ADR Inc.)/ /Leave a comment

“Thank God for the last minute; otherwise nothing would ever happen.” This old saying rolls through my mind as I sit to type this on my iPad in the departures lounge at Toronto’s Billy Bishop Airport located on the island just opposite the heart of this great city. My blog post is due at midnight…

'Money-only' Cases, Court Procedure and Litigation, Dispute Resolution, Mediation Outcomes, Mediation Users/Clients, War Stories

(Diane Levin LLC)/ /Leave a comment

He was a widower and a grandfather. He arrived at the mediation with his attorney and one of his adult daughters for moral support. The trial date loomed, and the judge had urged both sides to come to the table to settle this tort case. After the accident, he could no longer babysit his grandchildren…

'Money-only' Cases, Commercial Mediation, Mediation Practice, Practical Challenges for Mediators, War Stories

(Weiler ADR Inc.)/ /1 Comment

This morning I was greeted with the news that Julian Barnes’ The Sense of An Ending had been named this year’s winner of the Man Booker Prize. A wonderful read, in part about how our memory deceives us, it struck me as an appropriate point of departure for this blog post. Like Barnses’ narrator, “I…