Mediation

“Well, it’s worth a try. What have I got to lose?” Unfortunately, when it comes to pre-mediation settlement discussions, the answer could be – a lot. Recently, I have heard several of my colleagues promote the potential benefits of pre-mediation settlement talks. These talks could occur...

Benjamin Franklin said, “If you fail to plan, you are planning to fail”. I suggest that the judicious use of a pre-mediation conference (“PMC”) can help all those involved in an upcoming mediation to maximize the prospects for productive, effective and efficient discussions and the...

I know what you must be thinking after reading the title of this blog post. What do a playground toy and a piece of hardware have to do with negotiation and mediation? No, I haven’t lost my marbles. If you have a little patience and...

In the years since I began my mediation practice, I’ve been fortunate to develop strong client relationships and have over 1,000 mediations under my belt. I have found that when a mediator effectively facilitates a negotiation, whatever the ultimate outcome, plaintiff and defence lawyers and...

A train carrying the plaintiff leaves Personal Injury City at 9 am travelling at the speed of despair. Another train carrying the defendant leaves Insurance Acres at 2 pm travelling at the speed of limited liability. How long before they meet and get completely derailed? Before...

Take a moment to think of all the famous lines from the big screen that would make such an arresting statement at a mediation or negotiation table. From “Show me the money!” in Jerry Maguire, to “Don’t tell me I can’t do it; don’t tell me...

Reality can be a bitter pill to swallow – especially in a law suit or arbitration when there might be large sums of money on the line.  As a mediator, giving one or more parties a dose of reality is a significant part of my job....

Admit it: before the COVID-19 crisis, your personal and professional lives were probably going a mile a minute. You needed more hours in the day to accomplish everything on your to do list and to see everyone you needed to see.  Suddenly, the world entered the...

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