14
February
2023
Choosing an Arbitrator: 15 Things for Counsel to Consider
Here is a non-exhaustive list of considerations for you, your client and opposing counsel (“OC”) when exploring an arbitrator for a civil dispute in Ontario:
20
October
2022
10 Practical Tips for Lawyers on Paying a Mediator in Civil Disputes
Are you a legal professional who assumes that, regardless of outcome, the parties to a dispute always split the cost of the mediator 50/50? Or, do you assume, that, if the case settles at mediation, the defendant pays 100% of the mediator’s fees?
06
October
2022
When What Happens in Vegas Doesn’t Stay There: Two Recent Court Decisions About Mediation Confidentiality May Surprise You
Author:
eggsdev
Occasionally, and with a certain audience, I will explain mediation confidentiality to some (but not all) mediation participants by making reference to the advertising slogan—“what happens here, stays here”—put out by the Las Vegas Convention and Visitors Authority in 2003 and their Visit Las Vegas TV commercials (or, the less-than-mediocre romcom “What Happens in Vegas”,
25
March
2022
The Case for Voluntary Pre-Litigation Mediation
At the time I completed my last mediation blog of last year, 2021: The Year in ADR – Noteworthy Court Decisions About Not Going to Court. What to Watch for in 2022, I didn’t realize I was witnessing a what-to-watch-for trend in 2022 that I can now report on: Voluntary Pre-Litigation Mediation (“VPLM”).
20
December
2021
2021: The Year in ADR – Noteworthy Court Decisions About Not Going to Court
As much as Alternative Dispute Resolution (“ADR”)—including negotiation, mediation, arbitration, and med-arb—is about avoiding court, ultimately, it’s the courts that may decide to hear your case, or some part of it—even though you and/or your opponent agreed otherwise. So, here are new and noteworthy Ontario and Supreme Court of Canada decisions about making mediation public,
24
September
2021
How to Handle a Dispute With Your Neighbour
Author:
eggsdev
Get comfortable with confronting conflict to keep peace in the neighbourhood
16
August
2021
3 conflict resolution strategies when you just can’t take it anymore %$#@!
Author:
eggsdev
While it has been building up for some years, I’ve observed face-to-face conversations becoming a dying art.
09
March
2021
Virtual Mediation: 12 Lessons Learned… One Year Later
On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a global pandemic. This past year has truly been an annus horribilis! How we live, work and connect has changed...
17
November
2020
5 Reasons Why Mediators Should Not Charge Contingency Fees
In October 2020, the Law Society of Ontario (“LSO”) approved reforms to how the province’s lawyers and paralegals may charge contingency fees to their clients.
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