Commercial Mediation

Picking up where I left off last post, I want to discuss what I consider to be a major problem with the Ontario Commercial Mediation Act, 2010 (OCMA) relating to the admissibility of evidence of what…

We live in an age when we all seem to try to get more out of our time. We try to expand time by doing things more quickly and more efficiently than we could before we had airplanes, computers, and…

As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”.  I acknowledged that these three concepts don’t mean precisely the same…

As we all know mediation is an interest-based method to resolve conflicts. Nevertheless it is not always easy to know: • which interests drive parties into a conflict • which interests make them want…

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my…

 Yep, it's been an up-and-down month.  More down than up if I'm honest. But hey! I've done enough of these things to know that my old Dad was right all those years ago when we'd stand at the top of a…

You have a choice to make.  In front of you stand two doors.  If you go through the door on the right you will receive $20.  If you choose the left door you will have a one in five chance of…

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. …

One of the privileges and perils of working as a mediator in Scotland is that we get a close-up view of developments in England and Wales. In an ideal world this should allow us (pop. 5 million) to…