Mitchell Rose

More Changes to AODA – Are You Truly Open For Business?

For employers, the start of a new year in this decade has been synonymous with a new wave of regulations coming in under the Accessibility for Ontarians with Disabilities Act, more commonly referred to as “AODA.”

Previously, AODA’s broadest workplace requirements only applied to large organizations. Now as of January 1, 2017, AODA requires smaller organizations of up to 50 employees to implement a new set of standards.

How do you count employees? Read more →

Getting Past Impasse with Mediator Settlement Recommendations

Reaching the end of a mediation session and learning that you and the other side are far apart in your settlement positions can be disappointing. In the following weeks, after the dust settles, the mediator may follow up with you to see if positions have softened or if there is a new way of resolving the dispute.  However, despite everyone’s best efforts, there may still be an impasse.


In a final attempt to resolve the dispute – whether at mediation or at some later point – you might ask the mediator to recommend (or, to propose) settlement terms to both sides in the hope of reaching a deal.

Read more →

Sue Your Way to Settlement

Even Settlement Counsel like me, who encourage early resolution and discourage litigation, sometimes must “sue for peace”.

Despite this, and despite my earlier post about when it is appropriate to refuse to mediate or settle, I am still committed to early, negotiated solutions in most cases. After a long career as a civil litigator, I now focus on resolving disputes for my clients rather than taking them to court (when I am not working as a neutral mediator hired by other legal professionals and parties to help resolve their cases).

Read more →