At some level, all strong communicators are good storytellers; good storytellers will tell you that a story must have a purpose and follow a path. Knowing what you want to say is a precursor to everything that follows, but deciding on a path to convey...
Over the past 30 years working on personal injury and insurance claims - as a lawyer, arbitrator, and mediator - I have observed that settlement discussions in advance of mediation occur all too infrequently. Five factors which I believe contribute to the inability of those...
If you enjoy great local music and are passionate about helping at-risk youth in Toronto, be sure to mark Thursday, October 6, 2016 in your calendars – The fifth annual Vancestock, a night of live music benefiting Trails Youth Initiatives, will have the Hard Rock Café Toronto...
Words matter. How you say something can be just as important, if not more important, than what you say. In this third instalment on the Art of Communication in Mediation, I explore verbal elements in a discussion including word choice, tone and style. LANGUAGE: WHAT'S IN...
Have you ever seen someone stub their toe, wince, grimace, and then proceed to insist that they’re perfectly fine while in obvious agony? There is a lot of truth to the old adage that actions can speak louder than words. Indeed, our non-verbal communication can often...
Preparing for mediation can be an intensive process for both lawyers and clients. Advancing or defending a matter requires exceptionally good research skills to navigate through questions of law, relevant precedents and to establish all pertinent facts. Even the most thoroughly-prepared lawyer can fail to achieve...
There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...
Mediation is a very complex and dynamic process. That said, I have tried to set out my thoughts on five things you need to know and consider as you prepare for and conduct a mediation. Mediation is an Opportunity Mediation has been defined by some...
In order for you to achieve the best possible result for your client at mediation, you need to ensure that two things which are beyond your control are managed to their best effect. These are reserves and authority. In this post I provide tips for setting...
When you hire a roster mediator or have a roster mediator appointed, there is significant variability in relation to the mediator’s knowledge, experience and training. Roster mediators may be new to the market or they may be veterans in the marketplace. Can the mediator get...