Multi-party mediations involving multiple plaintiffs, multiple defendants, or both, present an added layer of complexity to the substantive issues under discussion. At minimum, it requires extra effort to try to “herd the cats” when there are more than two parties at the table. Multiple plaintiffs can...
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...
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...
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...
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,...
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...
In the first post in this series, I discussed how personal injury insurance mediations are position-based, some of the common stumbling blocks in negotiations and why mediated settlements are still often seen as preferable to going to court. In this post, I explain how to...