Mitchell Rose

Two Heads are Better Than One: A Settlement Counsel Primer

We are pleased to report that Two Heads are Better than One: A Settlement Counsel Primer by Mitchell Rose, of Stancer, Gossin, Rose LLP, and Paul Neil Feldman, of Feldman Lawyers, has been published in The Advocates’ Quarterly. To read this article about lawyers who focus solely on dispute resolution – and who team up with litigators, when required –  please click here.

To learn more about Settlement Counsel, and how we can help you, click here.

 

Credits:

Rose, Mitchell and Paul Neil Feldman:  “Two Heads Are Better Than One:  A Settlement Counsel Primer”, (2017) 47 The Advocates’ Quarterly 36-49. Reproduced by permission of Thomson Reuters Canada Limited. Subscriptions to The Advocates’ Quarterly are available at 416.609.3800 (Toronto and International); 1.800.387.5164 (Toll Free Canada and United States); www.carswell.com.

Changes to Toronto Mandatory Mediation Practice Reflect an Early Mediation Trend

On May 1, 2017, there was a significant change to paragraph 57 of the Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region:  For all Toronto civil actions subject to Mandatory Mediation under Rule 24.1, Court staff now require a new form of Certificate to be filed in order to set an action down for trial.

 

Court staff previously accepted for filing a trial record (ordinary action) or a notice of readiness for Pre-Trial conference (simplified procedure) a Certificate signed by a lawyer or party which certified that a Form 24.1A (Notice of Name of Mediator and Date of Session) had been filed with the mediation coordinator. The Certificate did not require that the mediation session had actually taken place. Therefore, an action could be set down before mediation, provided it took place before the Pre-Trial.

 

The new Certificate requires the filing of a Form 24.1A plus certification by the party or lawyer signing that the mediation took place before a particular mediator on a particular date. Thus, mediation must take place prior to setting an action down.

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Signed, Sealed, Delivered, Job’s Yours: An Employment Contract Anthem

“Like a fool I went and wrote it wrong,

Now I’m wondering if the offer’s strong…”

With due respect to Stevie Wonder, there are few documents more important in employment law than an employment contract. Contracts do not have to be overly complicated, and should be custom tailored to meet the needs of your business.

Yet the importance of getting them right cannot be understated. These documents determine how employment relationships begin, how they move forward, and, unfortunately – but most importantly, how they’ll end. A well-written contract can protect a business – or an employee – from disaster. A poorly-written one may wind up costing a small fortune to either party. Read more →