Rick Weiler, an internationally recognized commercial mediator, serves on the Chartered Mediator selection committee of the ADR Institute of Ontario, the national executive of the Canadian Bar Association ADR Section and is a Governor and Vice-President of the International Academy of Mediators. He can be reached at email@example.com.
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Articles and Video:
Why Don’t We Mediate the “Big” Disputes?
On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable.
A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort mediation, involving a single plaintiff and two insurers started at 10 am and concluded 8 hours and 15 minutes later. The following is the sequence of proposals and counter-proposals.
Durability of Mediated Settlements and More
Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation.
Even though commercial mediation is well established in Canada and particularly in the province of Ontario where I live and work, it’s clear that evolution continues with many vested interests in where that evolution will take us.
Commercial Mediation – “We Ain’t Seen Nothing Yet”
Increasingly the workhorse of commercial dispute resolution, the untapped value of the mediation process is bounded only by the imagination of mediators, users and regulators. A principled collaborative dialogue among these three groups is also an essential element in realizing the potential of commercial mediation.