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News, Cases & Articles

Published Articles by Mitchell Rose

This article was originally published by The Lawyer’s Daily (, part of LexisNexis Canada Inc.


How To Sabotage a Mediation: An Impractical Guide for Lawyers – Canadian Lawyer

There is a mediation scheduled for this case next week. I believe it is either mandatory under the Rules of Civil Procedure or, in a moment of rare weakness, I reluctantly agreed to it… Read more


Not Necessarily Trial but Trial If Necessary: York University v. Markicevic and Why Mediation Matters – Canadian Lawyer

In the early 1600s, William Shakespeare, writing through the voice of Hamlet, complained of “the law’s delay” during that most famous of soliloquies… Read more


The Art of Litigating Clearly – Canadian Lawyer

“We’re just being reasonable”; “Come on, be rational!”; “You’re not thinking clearly!”

Lawyers and parties often make or hear statements such as these in the course of litigation… Read more


Mediation Confidential – JUST. Magazine

The Rules impose an arranged marriage between lawyers and mediators. Later on they may appreciate this arrangement, but at the outset one theme prevails: mandatory… Read more


With half-day mediations, less is not always more – The Lawyer’s Daily (formerly The Lawyers Weekly)

Has this ever happened to you: At a half-day mediation of a civil dispute, just as momentum builds, the other side announces that they must to the airport or a scheduled meeting?… Read more


Learning to Love Electronic Litigation – JUST. Magazine

Historically, litigators, and the judges who tolerate them, are agents of monumental social change, through constitutional challenges, and less noticeable change when civil law takes a bold, new direction… Read more


Understanding the emotional toll of termination – The Lawyer’s Daily (formerly The Lawyers Weekly)

Job loss is painful, stressful and difficult to overcome. The Canadian legal system is simply not designed to address the emotional fallout… Read more


Gambling on Litigation – The Lawyer’s Daily (formerly The Lawyers Weekly)

Traditionally, we view the civil justice system as a mechanism for righting wrongs arising between individual sand businesses. Unfortunately, the excessive time, risk and cost of litigation … Read more


We know nothing – The real lesson of Oudin v. Le Centre Francophone de Toronto, Inc. – Canadian Lawyer

We lawyers are in the prediction and persuasion business. We advise clients about what we believe will happen to them in the future based, in part, on our interpretation of past decisions of courts and tribunals… Read more


Let’s Settle This Like Lawyers – Tips to Maximize Mediation Success – ADR Update

Here are 14 tips I provide to lawyers to maximize the chances of reaching a settlement at mediation.

  1. WHY WAIT TO MEDIATE? While the timing of mediation often depends upon habit, custom… Read more


The Stoic Lawyer – Just What the Emperor Ordered – Canadian Lawyer

The author, a lawyer, argues that stoicism benefits his profession. He presents his argument in a form his colleagues might recognize: a judgment written by an experienced person of authority… Read more


You Say You Want a Resolution? A Mediator Reflects and Regrets – Canadian Lawyer

New Year’s resolutions are made to be broken — or at least revisited — even if they are not, technically, “resolutions.” One year ago, I wrote an article called Post-New Year’s goal-utions Read more


‘Secret’ tools and traps to keep in mind in settlement negotiations – Canadian Lawyer

Most of us are aware of the tension between zealous advocacy and civility. However, did you know about the professional obligation to encourage settlement and to consider the use of alternative dispute resolution? … Read more


The Secret to Settling Legal Disputes – ADR Perspectives 

Years ago, before I evolved into a Settlement Counsel and Mediator, I learned a valuable lesson from a fellow litigator. We represent opposing sides in the early stages of a bitter commercial dispute… Read more


Is it déjà vu or a brand new day? Revisiting Oudin, Greeting Wood – Canadian Lawyer

This article is about baseball and music, along with doubt and certainty, but disguised as employment law. Bear with me, please. In my September 2016 article on this site regarding the Court of Appeal for … Read more


The Mediation Migration – JUST. Magazine

Why do lawyers move to mediation, and how should they get there? My original title for this article about lawyers transitioning into mediators was The Mediation Metamorphosis…. Read more


The Mediator as Eternal Optimist – ADR Update

One of my favourite non-fiction books, and one with significant ADR implications, is psychologist Martin Seligman’s Learned Optimism (New York: Vintage Books, 2006)…Read more


Two Heads are Better Than One: A Settlement Counsel Primer – The Advocates’ Quarterly

WHAT IS A “SETTLEMENT COUNSEL”? Definition: A Settlement Counsel is a lawyer who focuses exclusively on resolving a client’s dispute by way of negotiation… Read More


Work it out: Maximizing mediation settlement opportunities for wrongful dismissals – The Lawyer’s Daily

We begin with the most common of non-unionized workplace disputes: Wrongful dismissal. However, much of what follows is relevant to other labour and employment disputes… Read more


Healing old wounds: Effective mediation of personal injury claims – The Lawyer’s Daily 

This week, I focus on maximizing settlement opportunities in the mediation of personal injury claims, including slips and falls, motor-vehicle accidents and intentional torts such as battery… Read more


Surveying settlement: Mapping mediation strategies for real estate disputes – The Lawyer’s Daily 

I survey strategies for maximizing settlement opportunities through mediating neighbour disputes, claims arising out of purchase and sale agreements, and mortgage enforcement… Read more


Should we disregard a cryptic employment law decision? Oudin, Wood, North – Canadian Lawyer

You can’t always get what you want. Employees seek job security, but, in most Canadian, non-unionized workplaces, such security is the exception: Employment can usually be terminated “without cause” if employers provide … Read more


Ontario’s Commercial Mediation Act, 2010: Too important to ignore, too ineffective to keep – The Lawyer’s Daily 

Six years ago, I enthusiastically blogged about the first anniversary of Ontario’s Commercial Mediation Act, 2010 (CMA), which I called “The Most Important Legislation You’ve Never Heard About.”… Read more


Helping Wanted: The Achilles Heel of Lawyers – Just. Magazine

In the spring of 1989 I abandoned my long-time plan to become a clinical psychologist. Instead, I planned to write the LSAT and apply to law school the next semester, which would be during my final year of undergraduate studies… Read more


Getting Past Impasse with Mediator Settlement Recommendations –  IAM Blog

I conduct mediations in the Province of Ontario, Canada, including employment law, commercial matters, personal injury and real estate. The majority of my mediations take place after the commencement of legal proceedings, and involve parties represented by lawyers.Read more


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