Union Carbide Canada Inc. v. Bombardier The Supreme Court of Canada found that a confidentiality clause in a private mediation can override the exception to the common law settlement privilege that enables parties to produce evidence of confidential communications in order to prove the existence or the scope of a settlement. The court explained […]
Category: Mediation Tips
Peres v Moneta Porcupine Mines Inc.
The Importance of Signed Minutes of Settlement We have all been in lengthy mediations that carry on well past 5pm. At the end of the day when a settlement number is agreed on, the parties may decide to finalize the settlement after the mediation, the next day, or even later. This may not be wise, […]
How diverse is your list of Mediators?
The OBA’s Working Group on Neutral Diversity recently released a report examining diversity in alternative dispute resolution settings and proposing recommendations about how it can be improved in Ontario. The report revealed that arbitrators and mediators hired in Ontario do not reflect the gender or racial diversity of the demographics of the province or the legal […]
Presumption of In-Person Attendances Start April 19, 2022
Just when we thought the Ontario courts were embracing on-line appearances they have released guidelines setting out presumptive methods of attendance for events in Superior Court of Justice proceedings. The guidelines that take effect on April 19th set out the Court’s expectations for the following proceedings: Case conferences, pre-trials, trials, motions, examinations for discovery, mandatory […]
Tips for a Successful Mediation
In order to assert your position at mediation your Mediation Brief should clearly set out the issues in dispute, the pertinent facts of the case, along with any key evidentiary documents or expert opinions. Without supporting documents or evidence, issues can be difficult to resolve, leaving the parties frustrated at the mediation. In addition to exchanging documents, it is essential that the person […]