Settlement Counsel

The Costs of Refusing Mediation

 

June, 2018  (12 minute read):

A recent Ontario Court decision demonstrates why refusing to participate in mediation in a civil proceeding, where mediation is not mandatory, can be expensive in the end. This decision of Mew J. respecting costs followed a seven-day jury trial in Belleville of a (non-MVA) personal injury matter. Liability and damages were in issue. After the jury found that the plaintiff was 25% contributorily negligent, damages were assessed at $212,000 including interest. The plaintiff sought costs on a partial indemnity basis of $269,371 plus tax.  The defendant argued that $150,000 inclusive of HST was appropriate.

In his reasons, the judge considered the various criteria and general principles relevant to the fixing of costs, including that “the usual rule in Read more →

Mediation Wildcards!

MEDIATION WILDCARDS!

I am writing this article about the unexpected on Super Bowl Sunday. So, it’s appropriate that I mention legendary 49ers coach Bill Walsh’s famous line: “If you want to sleep at night before the game, have your first 25 plays established in your own mind the night before that. You can walk into the stadium and you can start the game without that stress factor.”

Not surprisingly, many legal professionals are well prepared for mediation – which is laudable – but, suddenly, the unexpected happens: An event or a piece of information is revealed by the other side, the mediator or even by your own client, and you suddenly feel like a sacked quarterback.

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Mediation News – Fall 2017: Maximizing Settlement Opportunities, and the Award of Excellence in ADR

In a recent trilogy of short articles for The Lawyer’s Daily, ADR@SGR mediator Mitchell Rose wrote about how lawyers can maximize settlement opportunities at mediation in various types of civil disputes, including wrongful dismissal, personal injury and real property matters.

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