News & Articles

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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Starting a mediation practice/career

1. Don’t give up your day job. Be patient. Unless you are spectacularly well known (e.g. Supreme Court judge) or very lucky, it will take time to build your practice. You can’t hang out your shingle as a mediator and expect a flood of work. It is a ‘word of mouth’ practice (unless you are […]

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When Free Speech Goes Too Far

By Mia Clarke AdvocateDaily.com Freedom of speech is not absolute and the courts are likely to back the government’s decision to stop delivering a controversial Toronto publication, says Toronto litigator and commercial arbitrator Marvin Huberman. “While it’s probably correct that the government has limited this fellow’s freedom of expression, the court can determine that the infringement […]

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Independent Franchise System Ombudsman Programs

by Frank Zaid Some leading franchisors in the United States have established independent franchise system ombudsman programs; and the trend is becoming more common in Canada as a means of resolving potential problems or disputes between franchisors and their franchisees. How do these programs work, why are they attracting attention and what are the benefits […]

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The Chosen Alternatives

Written by Mallory Hendry Posted on www.canadianlawyermag.com on May 15, 2017 Demand for alternative dispute resolution growing in wake of Jordan. According to the lawyers at the arbitration chambers on the top 10 list who spoke to Canadian Lawyer, we’re on the cusp of an alternative dispute resolution revolution. “People are about to realize they have to […]

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The Case For Mediation and Arbitration of Franchise Disputes

by Frank Zaid Franchising has become big business in Canada. According to the Canadian Franchise Association website, franchise businesses account for 40% of all retail sales in Canada and there are over 78,000 franchise units across Canada. Franchising directly employs over 1,000,000 people, amounts to 10% of Canada’s gross domestic product, and accounts for 1 […]

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A Mediator’s Take on the U.S. Stalemate

Toronto Star – Toronto, Ont. Author: Nicki Thomas Date: Jul 28, 2011 Democrats and Republicans are dead locked over how to raise the country’s $14.3 trillion (U.S.) debt ceiling before an Aug. 2 deadline. With both sides at an impasse, the Toronto Star asked Allan Stitt, a Toronto-based mediator and arbitrator who lectures on conflict […]

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Alternative Dispute Resolution Saves Both Time and Budgets

A recent legal seminar in Toronto provided owners and contractors, as well as the legal profession with some practical alternatives to costly, time-consuming and possibly business relationship-destroying litigation in construction project disputes. With more complex construction and the compilation of claims and counterclaims a project can be completed and several years elapsed before the issue […]

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Recent Ruling Clarifies Time Limits For Going After Unpaid HST

By Rob Lamberti AdvocateDaily.com Toronto litigator and commercial arbitrator Marvin Huberman says a recent sales tax ruling in one of his cases establishes time limitations for launching an action for unpaid remittances. He tells AdvocateDaily.com the ruling in his successful case clarified two significant points in law: under the Excise Tax Act, there are no time limitations in a s. 224 suit […]

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