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Confidentiality in Arbitration

Confidentiality in Arbitration

As discussed in the previous blog, an expectation of privacy is one of the key advantages of arbitration over traditional litigation. The Ontario Arbitration Act, 1991, however, does not address the issue of confidentiality.Whereas several jurisdictions around the...
Introduction to Arbitration

Introduction to Arbitration

Until now we have been discussing Mediation. It is now time to introduce Arbitration. What is arbitration? Arbitration is a process in which an independent person makes an official decision that ends a legal disagreement without the need for it to be solved in...
Difficult Conversations

Difficult Conversations

A successful mediation is often the result of how the Mediator handles difficult conversations between the participants. Each difficult conversation is really Three Conversations: [1]The “What Happened?” Conversation. Most difficult conversations involve disagreement...
Negotiation 101

Negotiation 101

What is negotiation? “Negotiation is a basic means of getting what you want from others. It is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed (as well as some that...
Confidentiality in Mediation

Confidentiality in Mediation

In this Blog we will discuss confidentiality in mediation, both from a statutory perspective and the common law. Legislative Framework Commercial mediations in Ontario are governed by the Commercial Mediation Act, 2010 (“CMA”), which states: “[i]nformation relating to...
How To Prepare Your Client for Mediation

How To Prepare Your Client for Mediation

Preparing Your Client for Mediation 

Explain the Procedure: Preparation for every mediation should begin with a clear explanation to your client of the procedure that will unfold: The process generally involves several parties: your client, the mediator, the opposing...
All About Mediation:  What is mediation?

All About Mediation:  What is mediation?

As a practical and less expensive alternative to litigation, mediation can help disputing parties reach a mutually agreeable solution with the help of a neutral third party, such as an experienced mediator. The process, which is usually entered into on a voluntary...