Canada

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(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…

Commercial Mediation, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Settlement Agreements

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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…

Commercial Mediation, Court Procedure and Litigation, Deal Mediation, Enforcement, Evaluative Mediation, Judges as mediators, Jurisdiction, Mediation Reforms (Legislation, etc.), Practical Challenges for Mediators, Uncategorized, War Stories

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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…

Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

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Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

Commercial Mediation, Conventional wisdom, Creativity, Developing the Field, Efficiency, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Negotiation, Public Policy, Settlement Agreements, Success in mediation, Understanding mediation

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A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…

Commercial Mediation, Developing the Field, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Legal Issues, Mediation Schemes (In Courts, etc.), Policy, Public Policy, Sport

(Weiler ADR Inc.)/ /1 Comment

Two stories currently making headlines in Canada provide the occasion to harken back to previous posts on this blog. Mediation Backlog – Ontario No-Fault Auto Insurance Disputes  In March of this year I blogged about the consequences of under-resourcing mandatory mediation programs. The Financial Services Commission of Ontario (FSCO) had (and still has) a huge…

Commercial Mediation, Mediation Practice, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /3 Comments

I recently had three mediations in a row that failed to reach settlement. After a couple of days contemplating running away with the circus and other lateral career moves, I started focussing on what I might have done differently and what might yet be done to advance resolution. Counsel and parties look for perseverance in…