The Seven Deadly Sins of Mediation: the International Perspective

As we face difficult mediations as mediators, it is worthwhile pausing to consider the challenges of mediation of disputes that are more intractable than anything we might encounter in a regular dispute resolution practice. Lakhdar Brahimi, the former Algerian foreign minister and veteran U.N. trouble-shooter, was appointed lead mediator for Syria this month, replacing Kofi [Read More]

Vested Rights and Privileges and the Repeal of Legislation

When legislatures change administrative procedures, what happens to those people already in the queue? A recent Federal Court decision has addressed this issue in the context of changes to the Corrections and Conditional Release Act that eliminated accelerated parole review for eligible offenders. Edward Pearce’s application for review by the Parole Board was with the [Read More]

Hearing Preparation Checklist

I love checklists! There is something reassuring about reducing preparation for a hearing to a list of steps to follow. Of course, hearing preparation is not like a recipe that you follow closely, but it doesn’t hurt to have a list of questions to refer to as you face the tasks of preparation. The Law [Read More]

When can a decision maker ignore submissions?

Some advocates raise many arguments in their submissions and adjudicators are left with the dilemma of deciding whether they have to address each one. The courts have been clear – an adjudicator only has to address the important ones – and it is up to the courts to decide what the important ones are and [Read More]

TED Talks for Dispute Resolution Practitioners

The New Yorker has an article($) this month about the phenomenal success of TED Talks both live and on the Internet. Dipping into the TED talks posted online, I have identified a few that may be of interest to those involved in dispute resolution. TED does not provide any “tags” for conflict or dispute resolution, [Read More]

Mentorship: live longer and prosper

A large part of learning is learning from the experiences of others. Mentorship is a good way to share life experiences, knowledge and advice to those coming behind us in our professions. It is also a good way for those new to a profession to discuss conflict management within an organization and within the profession. [Read More]

Fables for Dispute Resolution

Fables for Dispute Resolution We all remember some of Aesop’s fables from our childhood and some of them are part of our cultural DNA (the tortoise and the hare, for example). A blogger on dispute resolution recently used Aesop’s fable about the scorpion and the frog to illustrate a point about how some lawyers cannot [Read More]

The Limits of Consensus: getting to “no”

Ontario Chief Justice Winkler recently gave a speechon mediation – and the power of “no”. He proposes a different mediation style which does not always seek agreement. Consensus is not always possible or always laudable. Although the majority of disputes can be resolved, there may be times when it is important to understand each other’s position and agree [Read More]

Questions a mediator should ask you

I recently came across a list of 10 questions that mediators should ask before and during mediations (10 Things I Wish The Mediator Asked Me . . . . None Of Which Are “What Is Your Bottom Line?” by Kristen M. Blankley) in order to focus the parties on resolution. I’ve added a few of [Read More]

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