Everybody makes mistakes. That’s why they put erasers on pencils. Of course, when we make mistakes, we hope they’re small ones that no one will notice or that won’t take much time or money to fix. Unfortunately, mistakes in mediation can be costly, waste the participants’...
Originally published as a paper, read in full [PDF]. Imagine staring up at the flight board at the departure gate in a airport. You’d hope to see the list of flights awash in green lettering saying “On time.” But if you cast your eyes up and...
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...
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,...
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,...
If, at first, you don’t succeed, should you try again? After the initial mediation – a mandatory element of the civil law process in some parts of Ontario – you and your client(s) may find you’re at a crossroads in the justice system. A pre-trial...
At the risk of stating the obvious, the essence of a civil action arises from disagreement which produces friction. It would be fanciful to come to mediation without considering the presence of friction and putting that friction to productive use. Friction is defined as the resistance...
Vance Cooper was a panelist and Jonathan Cooper was moderator and a panelist at the Toronto Lawyers Association CPD program “Mediation Advocacy in Personal Injury and Insurance Matters” on Wednesday, April 5, 2017. They were joined by panelists Allyson Webster and Marcela Saitua. Mediation is a powerful...
There’s an old medical adage that an ounce of prevention is worth a pound of cure. Anticipating a problem and preparing for it can often eliminate it completely or substantially reduce future complications down the road. It’s a lesson counsel representing clients at mediation would...