by Barry Arbus | May 26, 2020 | Mediation
In December 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation” or “the Singapore Convention”).[1] On August 7, 2019, the Singapore...
by Barry Arbus | Apr 7, 2020 | Arbitration, Mediation
With the COVID-19 pandemic unfolding, and Ontario courts prioritizing disputes and advising against unnecessary visits to the courts, now is the perfect time to consider the use of technology for upcoming mediations and arbitrations in your legal practice.Dispute...
by Barry Arbus | Sep 25, 2019 | Mediation
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...
by Barry Arbus | Aug 27, 2019 | Mediation
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...
by Barry Arbus | Jul 27, 2019 | 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...
by Barry Arbus | Jul 23, 2019 | 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...
