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...
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,...
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...
In some judicial venues in Ontario [Toronto, Windsor and Ottawa], the parties must mediate in advance of the pre-trial conference. In all other jurisdictions, mediation is optional. 1. Don’t Mediate as a Matter of Course Direct settlement negotiations should always be thoroughly considered before proceeding to mediation. Mediation...