Arbitration & Mediation

by Dan Dooley for Ex Juris ADR Centres “I Don’t Like Bullies” “Hard bargaining wastes valuable time” according to Katie Shonk in the December 6 Daily Blog of the Harvard Law School Program on Negotiation. Referring to negotiations that followed the accidental on-set shooting of cinematographer Halyna Hutchins...

by Dan Dooley for Ex Juris ADR Centres In a September 2001 article in Mediate.com entitled “Developing Creativity and Intuition for Resolving Conflicts:  The Magic of Improvisation”, Debra Gerardi wrote that “resolving conflict demands creativity” and “improvisation requires you to be open to the ideas of others”. Peter...

By Doug MacLeod Wrongful dismissal cases settle at mediation for various reasons such as: The combined legal costs associated with the case are expected to exceed the damage award. It often makes no economic sense for either party to go to trial regardless of the outcome. ...

“Of this I am certain, that if we open a quarrel between the past and the present, we shall find that we have lost the future.” So said Winston Churchill in 1940, after the battle for France was lost, in what became known as...

That quality which should perhaps be most sought after in a mediator was captured by Daniel Bowling and David Hoffman in their 2003 publication entitled “Bringing Peace Into the Room”. They wrote that although “there is no single correct way to be a mediator”, the mediator’s...

Prudent lawyers do not recommend that clients waste money pursuing litigation steps or a strategy that is doomed to fail. Prudent lawyers should not recommend that clients spend time and money on voluntary mediation that is destined to fail because one or more participants is not...

During a mediation caucus, one of the disputing parties admits that to gain a negotiating advantage he or she lied during the joint session. The mediation agreement provides that the mediator will keep the information confidential unless disclosure is expressly permitted. What does the mediator...

Not all disputes, or discrete issues in disputes, can be successfully mediated. Entrenched positions, unrealistic expectations and "winner-take-all" disputes are just three examples of potentially-insurmountable barriers to a negotiated resolution. Where negotiation appears unlikely to succeed or proves to have been futile, the parties will need...

"Some mediation theorists believe that the technique has no place in ‘true’ mediation, a purely facilitative process in which parties are left free to make their own judgments about the merits of a case without interference from the mediator." So wrote Professors Dwight Golann and Marjorie...