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...
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...
I have been mulling over this paper in my mind for some time. One of my colleagues is very much opposed to the expression “compromise” as she believes it has negative connotations. This led me to go to the source of all wisdom, the Internet,...
“I’ll see you in court!” How many times have you heard that line on television shows or in movies as a set-up to a climactic courtroom showdown between two sides in a legal dispute? In reality, most lawsuits and civil actions are settled prior to...
Have you ever admired a fine piece of custom craftsmanship? The attention to detail? The refinement of the form? The overall beauty of the work? There is certainly a bit of an art to this kind of creation, but it’s clear the designer honed their...
Cooper Mediation is pleased to announce the much-anticipated return of The Emancipation of Ms. Lovely to Toronto. As one of the sponsors of this production, we are honoured to bring Ngozi Paul’s critically acclaimed solo play – the winner of the Spotlight Award for best...
An estimated 90 to 95% of personal injury cases are settled out of court during a step on the dispute resolution process. If you’re a lawyer representing a client in these types of cases, the odds are you will likely spend much more of your...
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...