How To Sabotage a Mediation: An Impractical Guide for Lawyers – Canadian Lawyer
There is a mediation scheduled for this case next week. I believe it is either mandatory under the Rules of Civil Procedure or, in a moment of rare weakness, I reluctantly agreed to it… Read more
Not Necessarily Trial but Trial If Necessary: York University v. Markicevic and Why Mediation Matters – Canadian Lawyer
In the early 1600s, William Shakespeare, writing through the voice of Hamlet, complained of “the law’s delay” during that most famous of soliloquies… Read more
The Art of Litigating Clearly – Canadian Lawyer
“We’re just being reasonable”; “Come on, be rational!”; “You’re not thinking clearly!”
Lawyers and parties often make or hear statements such as these in the course of litigation…
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Mediation Confidential – JUST. Magazine
The Rules impose an arranged marriage between lawyers and mediators. Later on they may appreciate this arrangement, but at the outset one theme prevails: mandatory… Read more
With half-day mediations, less is not always more – The Lawyers Weekly
Has this ever happened to you: At a half-day mediation of a civil dispute, just as momentum builds, the other side announces that they must to the airport or a scheduled meeting?… Read more
Learning to Love Electronic Litigation – JUST. Magazine
Historically, litigators, and the judges who tolerate them, are agents of monumental social change, through constitutional challenges, and less noticeable change when civil law takes a bold, new direction… Read more
Understanding the emotional toll of termination – The Lawyers Weekly
Job loss is painful, stressful and difficult to overcome. The Canadian legal system is simply not designed to address the emotional fallout… Read more
Gambling on Litigation – The Lawyers Weekly
Traditionally, we view the civil justice system as a mechanism for righting wrongs arising between individual sand businesses. Unfortunately, the excessive time, risk and cost of litigation … Read more
We know nothing – The real lesson of Oudin v. Le Centre Francophone de Toronto, Inc. – Canadian Lawyer
We lawyers are in the prediction and persuasion business. We advise clients about what we believe will happen to them in the future based, in part, on our interpretation of past decisions of courts and tribunals… Read more
Let’s Settle This Like Lawyers – Tips to Maximize Mediation Success – ADR Update
Here are 14 tips I provide to lawyers to maximize the chances of reaching a settlement at mediation.
1. WHY WAIT TO MEDIATE? While the timing of mediation often depends upon habit, custom…
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The Stoic Lawyer – Just What the Emperor Ordered – Canadian Lawyer
The author, a lawyer, argues that stoicism benefits his profession. He presents his argument in a form his colleagues might recognize: a judgment written by an experienced person of authority… Read more
You Say You Want a Resolution? A Mediator Reflects and Regrets – Canadian Lawyer
New Year’s resolutions are made to be broken — or at least revisited — even if they are not, technically, “resolutions.” One year ago, I wrote an article called Post-New Year’s goal-utions … Read more
‘Secret’ tools and traps to keep in mind in settlement negotiations – Canadian Lawyer
Most of us are aware of the tension between zealous advocacy and civility. However, did you know about the professional obligation to encourage settlement and to consider the use of alternative dispute resolution? … Read more
The Secret to Settling Legal Disputes – ADR Perspectives
Years ago, before I evolved into a Settlement Counsel and Mediator, I learned a valuable lesson from a fellow litigator. We represent opposing sides in the early stages of a bitter commercial dispute… Read more
Is it déjà vu or a brand new day? Revisiting Oudin, Greeting Wood – Canadian Lawyer
This article is about baseball and music, along with doubt and certainty, but disguised as employment law. Bear with me, please. In my September 2016 article on this site regarding the Court of Appeal for … Read more
The Mediation Migration – JUST. Magazine
Why do lawyers move to mediation, and how should they get there? My original title for this article about lawyers transitioning into mediators was The Mediation Metamorphosis…. Read more
The Mediator as Eternal Optimist – ADR Update
One of my favourite non-fiction books, and one with significant ADR implications, is psychologist Martin Seligman’s Learned Optimism (New York: Vintage Books, 2006)…Read more
Two Heads are Better Than One: A Settlement Counsel Primer – The Advocates’ Quarterly
WHAT IS A “SETTLEMENT COUNSEL”? Definition: A Settlement Counsel is a lawyer who focuses exclusively on resolving a client’s dispute by way of negotiation… Read More