Category: CA – Canada

Can Lawyers Mediate Proficiently Based on their Training author.

Can Lawyers Mediate Proficiently Based on their Training

While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of...

By KESHIA OSBOURNE, Bruce Ally
Is the Mandatory Mediation Program in Ontario Still Viable? author.

Is the Mandatory Mediation Program in Ontario Still Viable?

When mandatory mediation was introduced in Ontario 27 years ago it was heralded as visionary as it offered many necessary...

By Bruce Ally
Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract” author.

Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract”

This article first appeared on Urbas Arbitral, here. In North Pacific Properties Ltd v. Bethel United Churches of Jesus Christ Apostolic...

By Daniel Urbas
Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations? author.

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between...

By Ariel Kirzner, Bruce Ally
Canada – Different Levels of Courts Urge the Parties Before Them to Mediate Instead of Litigate author.

Canada – Different Levels of Courts Urge the Parties Before Them to Mediate Instead of Litigate

This article first appeared on Urbas Arbitral, here. In separate cases, the Court of Appeal in Iyad Al-Qishawi Professional Corporation v....

By Daniel Urbas
Canada – Anti-Suit Injunction Restrains Party Bound by Ontario Arbitration Award author.

Canada – Anti-Suit Injunction Restrains Party Bound by Ontario Arbitration Award

This article was first published on Urbas Arbitral, here. In Borschel v. Borschel, 2020 ONSC 4395, Mr. Justice Lorne Sossin issued an...

By Daniel Urbas
Canada – Injunction and Increased Costs Ordered Where Arbitral Award Funds Were Core of Dispute author.

Canada – Injunction and Increased Costs Ordered Where Arbitral Award Funds Were Core of Dispute

In awarding costs on a substantial indemnity basis in Ndrive v. Zhou, 2020 ONSC 4568, Mr. Justice John R. McCarthy drew...

By Daniel Urbas
Canada – States’ Submissions Qualify as “Subsequent Practice” in Investor-State Arbitration author.

Canada – States’ Submissions Qualify as “Subsequent Practice” in Investor-State Arbitration

In The United Mexican States v. Burr, 2020 ONSC 2376, Madam Justice Bernadette Dietrich accepted that legal submissions by parties to...

By Daniel Urbas
Canada – Parties can give court role to examine merits of settlement but not to examine merits of identical consent award author.

Canada – Parties can give court role to examine merits of settlement but not to examine merits of identical consent award

In Gestion S. Cantin Inc. v. Emblème Canneberge Inc., 2020 QCCS 2259, Mr. Justice Daniel Dumais distinguished the leeway available...

By Daniel Urbas
Canada: Interim Procedural Orders “Immune from Review” During Arbitration Even When Titled “Award” author.

Canada: Interim Procedural Orders “Immune from Review” During Arbitration Even When Titled “Award”

In Hristovski v. Hristovski, 2020 ONSC 4021, Madam Justice Francine Van Melle held she had no jurisdiction to hear an...

By Daniel Urbas
Canada: Refusal to Adjourn Hearing Respects Due Process if Recognition/Enforcement Conditions Present author.

Canada: Refusal to Adjourn Hearing Respects Due Process if Recognition/Enforcement Conditions Present

In Pearson v. Pearson, 2020 ABCA 260, Alberta’s Court of Appeal distinguished between discretion to grant/refuse an adjournment and discretion which...

By Daniel Urbas
Conflict Resolution in the Time of COVID-19–Voices from Seven Continents of the World: North America author.

Conflict Resolution in the Time of COVID-19–Voices from Seven Continents of the World: North America

Editor's Note:  In this article series, seven leading mediators and conflict resolution practitioners share their unique voices on three pressing...

By Gregg Relyea, Kenneth Cloke
The Linctus of Choosing a Mediator – Part 2 author.

The Linctus of Choosing a Mediator – Part 2

Read Part 1 here Types of Mediation Facilitative Mediation In the 1960s and 1970s, there was only one type of...

By Chinwe Egbunike-Umegbolu
Referring Church Conflict to Mediation author.

Referring Church Conflict to Mediation

Conflicts are not unknown in faith communities. Interpersonal church conflicts too often are destructive, with damaging fallout. Uninvolved leaders find...

By Wayne Plenert
A Strong Foundation in Canadian Collaborative, Consensus Processes author.

A Strong Foundation in Canadian Collaborative, Consensus Processes

Originally posted by the ADR Institute of Alberta. Why is collaboration so important in today’s world?  The main reason is...

By Robyn Jacobsen
Canadian Business: 5 Ways Co-Mediating Benefits Your Own Mediation Business author.

Canadian Business: 5 Ways Co-Mediating Benefits Your Own Mediation Business

This is the fifth post in the “On Co-Mediation” series by Mediate BC Blog: http://www.mediatebcblog.com/2015/06/02/on-co-mediation-part-iv-5-ways-co-mediating-benefits-your-own-mediation-business-by-sharon-sutherland/Mentoring and co-mediating have been fundamental...

By Sharon Sutherland
Get Curious! author.

Get Curious!

In our every day conversations we ask others a lot of “closed” questions. Closed questions are ones that only require...

By Lori Frank
Journey Toward a Social Lab Approach to Change author.

Journey Toward a Social Lab Approach to Change

How do we create deep and lasting change in the family justice system in a way that is responsive to...

By Nancy Cameron
A Lawyer Who Likes to Coach: What’s Up with That? author.

A Lawyer Who Likes to Coach: What’s Up with That?

When I tell my friends that I am now a CPCC (Certified Professional Co-active Coach) and that I like to...

By Ron Pizzo
BC Justice: Through the Eye of a Fish author.

BC Justice: Through the Eye of a Fish

The BC Family Justice Innovation Lab employs an approach we call “systemic human-centred design”.  The first phase of the model is “discovery”...

By Kari Boyle
Canadian Ombudsman Impartiality Is a Delicate Balance author.

Canadian Ombudsman Impartiality Is a Delicate Balance

Originally published by Slaw, Canada’s online legal magazine: http://www.slaw.ca/2018/10/02/ombudsman-impartiality-is-a-delicate-balance/The recent announcement that another major Canadian bank is withdrawing from the...

By Michael Erdle
Online Dispute Resolution Moves to the Courts author.

Online Dispute Resolution Moves to the Courts

The second half of 2018 saw a marked increase in conferences including, if not focused solely on, developments in Online...

By Graham Ross
Why Everyone Should Take Mediation Training author.

Why Everyone Should Take Mediation Training

Originally posted on Slaw, Canada’s online legal magazine: http://www.slaw.ca/2018/04/25/why-everyone-should-take-mediation-training/Over the years I have been asked many times, by lawyers, law...

By Kari Boyle
Choose the Road Less Traveled in Conflict author.

Choose the Road Less Traveled in Conflict

Meredith Mediates by Meredith RichardsonAre you stuck in a rut in your relationship with someone? Do you find yourself having the...

By Meredith Richardson
Implicit Biases May Be A Good Thing! author.

Implicit Biases May Be A Good Thing!

PGP Mediation Blog by Phyllis G. PollackIn past blog posts, I have discussed implicit biases and how important it is...

By Phyllis Pollack
My Favorite Resource Featuring Peter Salem author.

My Favorite Resource Featuring Peter Salem

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Our series, My Favorite Resource, features...

By Nicole Wilmet
The Civil Rights Act of 1964 author.

The Civil Rights Act of 1964

Florida Court Ordered Mediation with a Limited English Proficient (LEP) Party Since 1994, in response to ethical questions of mediators,...

By Patrick Mastronardo
New Trainers Guides author.

New Trainers Guides

RiverHouse Press Blog by Ron KraybillIf you have been training with Style Matters or would like to do so, download...

By Ronald S. Kraybill
Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018) author.

Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018)

Michael Leathes is internationally recognized as former corporate counsel in large companies but – first of all – he is...

By Sylwester Pieckowski
Where To, MeToo? author.

Where To, MeToo?

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesJean R. Sternlight, Michael and Sonja Professor of Law at the...

By Beth Graham

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