Raymond Stancer

“Staying at NO!”: When Should You Refuse to Settle? When Should You Refuse to Mediate?

“Fortitude is the capacity to say no when the world wants to hear yes.”-Erich Fromm

“I do not believe that settlement as a generic practice is preferable to judgment or should be institutionalized on a wholesale and indiscriminate basis.”-Owen Fiss

October 31, 2016:

Today is Halloween, so it’s a fitting to play devil’s advocate just for fun – and perhaps for free candy.

Shocking as it might be to read these words (and those of Professor Fiss) in a newsletter from us – mediators and settlement counsel — there is no point denying that some cases just shouldn’t settle. To take it a step further, some cases should not even be mediated.

Forget about “Getting to Yes”. This is about “Staying at No” — and being fine with it.

Read more →

ADR@SGR’s “Small Claims Mediation Initiative”.

We are excited about our Small Claims Mediation Initiative, which offers affordable, timely and effective mediation for those parties involved in cases already commenced in the Small Claims Courts in Ontario, or those disputes not yet started in Court — but which otherwise are within the jurisdiction of the Small Claims Court [1].

Consider what the Ontario Ministry of the Attorney-General has to say about mediation and Small Claims Court:

“Is it possible for you to resolve the issue in another fashion? You may want to consider mediation, which is a less formal method of resolving a dispute through a neutral third party. Mediation can be less time-consuming, more flexible, and less expensive than proceeding in court. It can also help you find your own solution to the dispute and preserve your relationship with the person/business” [2]. Read more →