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 →

Surveying Settlement – Mapping Mediation Strategies for Real Estate Disputes

Surveying Settlement — Mapping Mediation Strategies for Real Estate Disputes (January, 2018)

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

This is the second of a three-part series in which I share practical mediation advice, in different areas, based on my work as a mediator and mediation lawyer (or, Settlement Counsel). Previously, I discussed  wrongful dismissal cases. In this segment, I survey strategies for maximizing settlement opportunities through mediating neighbour disputes, claims arising out of purchase and sale agreements, and mortgage enforcement.

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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

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