Ontario Mediator Tag

Sometimes I read mediation memoranda that deliver hard hitting points, blunt positions and frank messages that border on being rude or insulting. Invariably, this rather harsh memorandum concludes with “Respectfully submitted”. Mediation memoranda are an excellent opportunity to try to manage the parties’ expectations as...

Mediators may appear to be exceedingly optimistic in the face of disagreement. Why? Because optimism has to start somewhere. All too often, the parties to the dispute, their lawyers or both attend mediation with the belief that the case can’t/won’t/shouldn’t settle. If your mediator doesn't inject...

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...

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...