toronto mediator Tag

“I'm being reasonable!” – “They're not being reasonable!” “If they made a reasonable offer, I would make a reasonable offer!” Inevitably and frequently, the word “reasonable” comes up at every mediation. People are bound to view their own negotiation positions and movements as reasonable but frequently...

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...