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New centre dealing with cannabis-related disputes

The recently launched Canadian Cannabis Dispute Resolution Centre  is an "excellent way" to confidentially resolve disputes involving cannabis without attracting the attention of foreign governments, says Toronto litigator and commercial arbitrator  Marvin Huberman , who is certified as a specialist in civil litigation by the Law Society of Ontario.  Read more

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Internal war at Court of Appeal breeds termination clause uncertainty

Two warring interpretive approaches to employment contracts are driving an inconsistency in the treatment of termination clauses by the Ontario Court of Appeal (OCA), Toronto employment mediator and arbitrator  Barry B. Fisher tells  AdvocateDaily.com . Read more

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Arbitration helps level the playing field: Romero

Using arbitration to resolve disputes — whether among individuals or nations — is an important way to ensure issues are handled efficiently, fairly and quickly, says Toronto arbitrator and mediator  Victoria Romero . Read more

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Benefits to hiring an out-of-town mediator: Rose

Toronto mediator and settlement counsel Mitchell Rose regularly travels throughout Southern Ontario to provide cost-effective mediation services, and says there are advantages to hiring an “outsider.” Read more

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Tailor ADR clauses to match needs of parties to commercial contracts

In the final instalment of  a two-part  series on ADR trends, Toronto lawyer and mediator Eric Gossin offers guidance on how to craft effective ADR clauses in commercial contracts. Read more

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Family-run companies can be crippled by old conflicts

Personal histories add layers to legal disputes in family-run businesses, Toronto mediator  Bernard Morrow  tells  AdvocateDaily.com . Read more

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After-hours mediation provides fewer distractions, more flexibility

If mediation is touted as a fast, effective and creative alternative to litigation, it shouldn’t continue to be confined to court hours, Toronto mediator and settlement counsel  Mitchell Rose  tells  AdvocateDaily.com . Read more

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Arbitration underutilized in employment law: Rudner

Arbitration gives the parties to an employment dispute the chance to create their own specialized court, employment lawyer, mediator and arbitrator  Stuart Rudner  tells  AdvocateDaily.com .  Read more

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Pot law changes prompt dispute resolution service

Toronto litigator and commercial arbitrator  Marvin Huberman has helped launch the Canadian Cannabis Dispute Resolution Centre to advise clients of their rights and the law concerning cannabis consumption in condominiums, apartments and other places. Read more

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Cost-effective nature of ADR appeals to commercial parties

In part one of a two-part series on ADR trends, Toronto lawyer and mediator Eric Gossin   discusses the benefits of resolving commercial conflicts using alternative dispute resolution. Read more

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A new twist on resolving employment disputes

Using an expedited process of mediation and arbitration is trimming time and money from the typically drawn-out process of settling disputes between employers and fired employees, says Toronto mediator and employment lawyer  Peter Israel . Read more

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ADR’s full potential yet to be realized: Huberman

The key to success of Alternative Dispute Resolution (ADR) is in its flexibility and adaptability to a variety of situations, Toronto litigator and commercial arbitrator  Marvin Huberman writes in the fall issue of the ADR Institute of Ontario’s ADR Update . Read more

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The riveting conclusion to ‘should mediators work on contingency?’

By Mitchell Rose Welcome to the riveting conclusion of last week’s post, entitled  should mediators work on contingency?  I appreciate the ‘negative’ response it generated (as in, “no, they should not work on contingency”). There should be no surprise then that, unlike the lawyer-side of my brain that often answers tough legal questions with “well, it depends,” the mediator-side is clear and unequivocal on the issue of whether mediators ... Read more

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A failure to mediate can be costly: Romero

A recent Ontario Superior Court ruling is a cautionary tale that a defendant's refusal to mediate could increase the award, says Toronto arbitrator and mediator Victoria Romero . Read more

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Choice of mediator critical to dispute resolution

By Peter Israel Whether as a result of Ontario’s mandatory mediation program or — as I’d like to believe — the growing appreciation of the benefits of alternative dispute resolution, there has been a steady growth in the number of mediators in employment law-related matters. Some serve their clients better than others. There are roster mediators as well as private mediators, and all have differing styles, education and experience. There are those who use ... Read more

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Appeal court sides with Huberman in landmark commercial arbitration case

The impact of a landmark Ontario Court of Appeal decision on the enforceability of arbitral awards could ripple around the world, says Toronto lawyer and arbitrator  Marvin Huberman . Read more

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Should mediators work on contingency?

By Mitchell Rose Recently, someone asked me if mediators ever work on contingency. The question took me by surprise. To me, the answer seemed obvious, and so I replied: “No, of course not.” As a mediator, I have never charged a contingency fee, nor do I know any mediators where I practise (Ontario, Canada) who do so. Frankly, I don’t believe the thought had ever crossed my mind. However, as a lawyer (I am a lawyer and a mediator – just not for the same ... Read more

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Rose to present at OBA Mediation Bootcamp

Toronto mediator and settlement counsel  Mitchell Rose will share his insights and provide practical advice at an upcoming Ontario Bar Association's Mediation Bootcamp . Read more

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Family feuds: property and finances

In the final instalment of a three-part series exploring the issues and dynamics of civil claims outside of the area of family law, Toronto mediator and settlement counsel Mitchell Rose examines financial and property issues . Read more

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OCA says U.S. rabbinical court’s decision is binding

A recent Ontario Court of Appeal (OCA) decision is relevant to courts around the world that use Model Law , Toronto litigator and commercial arbitrator  Marvin Huberman tells Law Times . Read more

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