Connect on LinkedIn
When it comes to any mediation, preparation is critical for lawyers to ensure a smooth process and the best possible outcome for clients, says Helen Hall, personal injury litigation practice lead at Practical Law Canada. Hall, a personal injury lawyer, notes that while mediation is mandatory in three jurisdictions in Ontario — Toronto, Essex County (Windsor area) and Ottawa — it is also a very...
Here at CFLP we offer clients a choice of process to bring about a resolution of their dispute: using the court, negotiation, collaborative law or family mediation. As regular readers will know, the government has expressed its intention to put family mediation at the heart of its new vision for family justice,and our own experience suggests that
Whether or not you consider a successful mediation to be one necessarily ending in settlement, just a frank exchange between the parties and counsel or an effective case evaluation by the mediator, here are seven ‘secrets’ to help you maximize success at your next mediation:
Author/Source/Copyright: Marc FongLawyer, Mediator, Arbitrator, Past Chair-Alternative Dispute Resolution Section at Alameda County Bar Association
I recently conducted a survey of experienced mediators and asked why they thought a mediation might fail. The answers were not surprising and common themes emerged. I offer them here as a guideline and urge your consideration when...
Author/Source/Copyright: Sam Imperati, Executive Directive of the Institute for Conflict Resolution
Parties and advocates can flounder in the intersection of logic and emotion. What if the parties’ goals are “distributive” and their “interests” are legal arguments? What if the participants are aggressive, intransigent and obnoxious? A “transformative” mediation would involve an ...