Litigation

Mediation After Hours

Evenings, Weekends….Whatever it Takes to Settle Your Case at Mediation.

Who says that mediations should only take place on Mondays to Fridays from 10:00 am – 5:00 pm ? This is not Court. This is Alternative Dispute Resolution !

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Work It Out – Tips to Maximize Settlement Opportunities at Mediation in Wrongful Dismissal and Other Employment Disputes

7–minute read:

(A version of this article originally appeared in The Lawyer’s Daily.)

This is the first of a three-part series in which I share practical tips based on my experience as a mediator and mediation lawyer (a.k.a. Settlement Counsel) in different practice areas. 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 (including discrimination and harassment). I revisit common approaches many of us “employ” to better maximize settlement prospects at mediation. Read more →

SO, WHY SHOULD I SETTLE?

“SO, WHY SHOULD I SETTLE MY LEGAL DISPUTE?”  HERE ARE 6 REASONS:

Before you (or, if you are a lawyer or paralegal, your clients) say “no!” to settling a lawsuit (or pending lawsuit), carefully consider the reasons for saying “yes!”:

  1. RISK

There are no “slam-dunks”. Every case is risky. If you can’t accept that your case, or any part of it, is too strong to fail then at least accept that sometimes (just sometimes) the judge or jury “gets it wrong”.  Therefore, even if you are certain, lawsuits are inherently uncertain. Settling on terms which are short of your (and the other side’s) best-case scenario is rational since: a) A 3rd party decision maker is taken out of the equation, leaving those who know their own case best to craft the outcome, and b) No one suffers their worst-case scenario at Court.

  1. TIME

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