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So, why should I settle?

By Mitchell Rose So, why should I settle my legal dispute? Here are six reasons: Before you (or, if you are a lawyer or paralegal, your clients) say ... Read more

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Healthy dose of realism useful in mediation process

By remaining optimistic about the process while reminding parties to be realistic about their positions, mediators are in an ideal position to help resolve civil disputes, Toronto ... Read more

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Look to arbitration, case management to address civil trial delays

In Ontario, the availability of dates for civil trials of any complexity is in a crisis state — but as Toronto lawyer and arbitrator  Earl Cherniak writes in The ... Read more

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Lack of consistency in wrongful dismissal decisions

Inconsistency in how wrongful dismissal is dealt with by the courts is a clear indication that reform is needed, Toronto employment mediator and arbitrator Barry B. Fisher ... Read more

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When free speech goes too far: Huberman

Freedom of speech is not absolute and the courts are likely to back the government’s decision to stop delivering a controversial Toronto publication, says Toronto ... Read more

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Historical value of LSUC name should be recognized

There is no logical or historical basis for changing the name of the Law Society of Upper Canada (LSUC) — and doing so could actually lead the public to confuse the ... Read more

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Rose to speak at OBA Alternative Dispute Resolution Program

Toronto mediator and settlement counsel  Mitchell Rose will share his insights on recent developments in alternative dispute resolution (ADR) processes at an upcoming ... Read more

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Changes reflect an early mediation trend

By Mitchell Rose On May 1, 2017, there was a significant change to paragraph 57 of the  Consolidated Practice Direction for Civil Actions, Applications, Motions and ... Read more

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How to find the right arbitrator

Choosing the right arbitrator is one of the most critical decisions a party can make during alternative dispute resolution, says Toronto litigator and commercial ... Read more

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Irrelevant factors and other concerning trends in notice period cases

Toronto employment mediator and arbitrator Barry B. Fisher is noticing some troubling trends in wrongful dismissal cases, he tells AdvocateDaily.com . Fisher, who created ... Read more

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Neighbour disputes perfect for mediation

Courts are not the best place to settle   disputes between neighbours, says Toronto mediator and settlement counsel Mitchell Rose . Rose, a partner with Stancer Gossin ... Read more

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Signed, sealed, delivered, job’s yours

By Mitchell Rose “Like a fool I went and wrote it wrong, Now I’m wondering if the offer’s strong…” With due respect to Stevie Wonder, ... Read more

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Case conferences can lead to settlements under LAT system

Although recent changes to auto accident insurance benefits have eliminated the use of mandatory mediation, Toronto litigator and commercial arbitrator  Marvin Huberman ... Read more

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Fisher's Wrongful Dismissal Database quantifies case law

The question of determining reasonable notice in wrongful dismissal cases is often quite subjective, but an online database created and maintained by Toronto employment mediator ... Read more

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Adjusting parenting arrangements after a move

Custody disputes arising after one parent moves away can be some of the most “intractable” conflicts often leading to arbitration or litigation, says Oakville ... Read more

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Clear procedural order key to achieving arbitration objectives

Arbitration can serve as an effective alternative to timely and costly litigation, but employing case management before, during and at the conclusion of the process is key, ... Read more

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Karimjee to share mediation practice insights at OBA event

Toronto employment lawyer  Kumail Karimjee will share his insights and strategies on how to break into the mediation field and build a thriving practice at the upcoming ... Read more

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Think arbitration for commercial disputes: Rose

Many lawyers are too quick to default to the traditional court system when it comes to resolving clients’ disputes, Toronto settlement counsel and mediator  Mitchell ... Read more

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Litigation and settlement counsel a perfect pairing

Outsourcing settlement discussions to a dedicated lawyer can help litigators who feel talking resolution is a sign of weakness, says Toronto settlement counsel Mitchell Rose . ... Read more

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Fisher takes practical approach to employment mediations

When Toronto employment mediator and arbitrator Barry Fisher began his career, his practice area was an emerging field. “When I started, it was still called ... Read more

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