News, Cases & Articles

Avoiding Guardianship Litigation with Carefully Considered Powers of Attorney

With Canada’s aging population, there has been an increase in disputes within families about who should be making personal and financial decisions on behalf of incapable members of the family.

Many of these disputes could be avoided with properly drafted Powers of Attorney. Read more →

“No, and it doesn’t depend!” – The Riveting Conclusion to ‘Should Mediators Work on Contingency?’

September 2018  – 5 minute read

Welcome to the riveting conclusion of last week’s post, entitled Should Mediators Work on Contingency?  I appreciate the ‘negative’ response it generated (as in, “no, they should not work on contingency”). There should be no surprise then that, unlike the lawyer-side of my brain that often answers tough legal questions with “well, it depends”, the mediator-side is clear and unequivocal on the issue of whether mediators should charge contingency fees: “No, and it doesn’t depend (on anything, anyone, or any result)!”.

5 reasons mediators should not charge contingency fees

As mentioned previously, if ADRIC’s prohibition on mediator contingency fees is not enough to convince you that non-member mediators should follow suit, I’m prepared to try to convince you. Although I am not aware of the precise reasons why ADRIC chose to ban contingency fees, I suspect the drafters of the Code were mindful of several of the following arguments against mediator contingency fees (particularly the first two):

Reason 1: Mediators are supposed to be neutral and impartial. However, if you make the mediator’s fee – or part of that fee – dependent on achieving a settlement (or certain terms of settlement) then neutrality can be compromised since the mediation outcome affects the mediators’ ability to get paid. As Cyndi Lauper sang, Read more →