One of the most enjoyable parts of life is listening to someone who “has a way with words.” It may be a talented storyteller or songwriter or maybe it’s a witty person who can always be counted on to add some humour to a situation...
Sometimes I read mediation memoranda that deliver hard hitting points, blunt positions and frank messages that border on being rude or insulting. Invariably, this rather harsh memorandum concludes with “Respectfully submitted”. Mediation memoranda are an excellent opportunity to try to manage the parties’ expectations as...
Mediators may appear to be exceedingly optimistic in the face of disagreement. Why? Because optimism has to start somewhere. All too often, the parties to the dispute, their lawyers or both attend mediation with the belief that the case can’t/won’t/shouldn’t settle. If your mediator doesn't inject...
The 2019 Canada Cup Was The Biggest Professional Squash Tournament In Canada. Cooper Mediation was the presenting sponsor of the the 10th Annual Troilus Canada Cup, which ran from Monday, March 4 through Thursday, March 7, 2019 at a variety of squash clubs in southern and...
Do you ever find yourself returning again and again to a favourite saying? A phrase that just seems to capture the heart of the matter so perfectly that it works for many similar situations? A turn of phrase is a way of expressing something, in...
Lady Justice. Since the 15th century, she has often been depicted wearing a blindfold. The idea that justice should be blind – to power, wealth, identity or other status – and objectively dished out is an aspirational idea. Unfortunately, bias and prejudice remain part of the...
Dispute resolution is not restricted to the human world. We have heard the expression "it's a dog eat dog world". In fact, this phrase originates from a Latin phrase which translates to "dogs do not eat dogs". This implies that only people driven by survival...
Imagine a world free from bias? It would likely be a world without humans. Like it or not, cognitive biases are very much a part of humanity. As much as we may tell ourselves that we will enter negotiations with an open mind and evaluate offers...
Originally published as a paper, read in full [PDF]. All too frequently, I attend mediations and I am asked by one side or the other or both to “work your magic”. It is my theory that neither magic acts nor miracles occur at mediation. Magic acts...
Can one bad apple spoil the whole barrel? Not if you believe the Osmonds [please forgive the dated reference to pop music from days gone by]; if that bad apple shows up at a mediation in a sour mood and seemingly determined to derail discussions,...
