News & Articles

Q&A with Frank Zaid: Forging strong franchise relationships

By Frank Zaid www.franchiseinfo.ca August 20, 2018 Q: How can franchisors and franchisees work together to forge good franchise relationships and avoid litigation? A: This is a simple question that demands a fairly detailed answer. One key principle to keep in mind is it is up to both parties—i.e. the franchisor and the franchisee—to work together to […]

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Anishnabe N’Oon DA Gaaziiwin: an Indigenous Peacemaking Mediation Nexus

December 17, 2018 Fourth World Journal John Beaucage, B.A., D.Litt., Alicia Kuin, B.A., M.A., LL.M., Q.Med. and Paul Iacono, Q.C. PREFACE This article introduces a new dispute resolution process that we have termed a Hybrid Process, which has been designed to support nation-to-nation building in Canada. It is clear that classic theories and current mediation […]

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Skills of an Effective Mediator

By Derek Sarluis While Mediators must be excellent listeners and communicators while remaining neutral, other skills must be possessed and effectively employed. Knowledge of the applicable law Allows the Mediator to use strengths and weaknesses of the case to influence parties Credibility The Mediator must gain the respect of the parties Tenacity Keeping the parties […]

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The Newest Tort: Elder Care Abuse

By Paul M. Iacono When I first read the news item regarding the five Manitoba families that had launched litigation against a retirement home healthcare corporation. I thought immediately about my own experience as a son, and a son-in-law dealing with aging and infirm loved ones. I also thought of my mediation practice where these […]

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The Art and Science of Mediating

 By Paul M. Iacono In the realm of civil justice in Ontario; with the passage of time, we have seen an increase in both procedural process, and legal costs, and these items have combined to make access to a courtroom (justice) virtually impossible for the ordinary citizen. This situation has resulted in the proliferation of […]

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How a new kind of resolution process can support reconciliation Opinion: How a ‘hybrid process’ style of mediation could help in treaty disputes

Link by John Beaucage, Alicia Kuin, Paul Iacono Sep 20, 2017 Indigenous leadership, community members and allies of Treaty 8 territory of northeast British Columbia converge on Parliament Hill in Ottawa to protest Site C hydroelectric dam project. THE CANADIAN PRESS/Sean Kilpatrick In the 1800’s, colonists to North America confronted the “Indian problem” by civilizing […]

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Cartesian Questioning

By Derek Sarluis As Third Party Neutrals we ask open-ended questions in order to bring information to the surface that can reveal the needs, hopes, perceptions, fears and expectations of the parties, the true crux of the dispute, and what is possible in order to attain a resolution.  The answers, however, may or may not lead a conversation surrounding resolution. Certainly a better […]

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A solution for every problem: how to prevent conflict from becoming litigation

Abstract One way or another, individual and organizational resources will be spent on conflict. This paper outlines a variety of ways in which conflict can be dealt with in the most effective, most efficient, and the most economical manner. A spectrum of conflict resolution options will be reviewed and analyzed. Each option will be considered […]

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In Defence of Opening Statements at Mediation

by Allan Stitt There has been a strong movement lately to get rid of Opening Statements (sometimes called Storytelling or an Opening) at the beginning of mediations. Lawyers tell me that they each understand the other side’s case, and won’t be persuaded by each other’s arguments, so don’t see the point in having an Opening. […]

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The Benefits of Video Mediation

Originally published in Lawyers Weekly Magazine Written by Luigi Benetton Link to Luigi Benetton’s website with article Face-to-face mediations won’t go away, but for cost reasons, they sometimes give way to videoconferencing. Some professional mediators are banking on this trend. “It’s a great time to do online mediation,” Petra Maxwell says. The founder and CEO of New […]

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