Words matter. How you say something can be just as important, if not more important, than what you say. In this third instalment on the Art of Communication in Mediation, I explore verbal elements in a discussion including word choice, tone and style. LANGUAGE: WHAT'S IN...
Have you ever seen someone stub their toe, wince, grimace, and then proceed to insist that they’re perfectly fine while in obvious agony? There is a lot of truth to the old adage that actions can speak louder than words. Indeed, our non-verbal communication can often...
Preparing for mediation can be an intensive process for both lawyers and clients. Advancing or defending a matter requires exceptionally good research skills to navigate through questions of law, relevant precedents and to establish all pertinent facts. Even the most thoroughly-prepared lawyer can fail to achieve...
There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...
Mediation is a very complex and dynamic process. That said, I have tried to set out my thoughts on five things you need to know and consider as you prepare for and conduct a mediation. Mediation is an Opportunity Mediation has been defined by some...
In order for you to achieve the best possible result for your client at mediation, you need to ensure that two things which are beyond your control are managed to their best effect. These are reserves and authority. In this post I provide tips for setting...
When you hire a roster mediator or have a roster mediator appointed, there is significant variability in relation to the mediator’s knowledge, experience and training. Roster mediators may be new to the market or they may be veterans in the marketplace. Can the mediator get...
In an effort to reduce standard insurance premiums, Ontario’s Statutory Accident Benefits Schedule (SABS) have changed. To this end, policies renewed on or after June 1, 2016 are subject to new accident benefits maximums, while policies renewed before are subject to the old maximums. Accident benefits are...
In some judicial venues in Ontario [Toronto, Windsor and Ottawa], the parties must mediate in advance of the pre-trial conference. In all other jurisdictions, mediation is optional. 1. Don’t Mediate as a Matter of Course Direct settlement negotiations should always be thoroughly considered before proceeding to mediation. Mediation...