News & Articles

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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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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