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Mitchell Rose
Mitchell Rose, partner with the Toronto firm Stancer Gossin Rose LLP, is a mediator for a wide variety of civil disputes, including employment law, neighbour disputes, business law, real estate disputes, debt enforcement, estate litigation, professional negligence, insurance law and personal injury. As of 2019, his law practice focuses exclusively on employment law (including negotiating severance packages, and preparing and reviewing contracts for employees, employers, and contractors), and (non-condo) neighbour disputes (including boundary issues).
Mr. Rose graduated with a Specialized Honours Bachelor of Arts in psychology from York University in 1990 before earning his Bachelor of Laws from Osgoode Hall Law School in 1993. In addition, he has received certificates in mediating disputes from the Harvard Negotiation Institute at Harvard Law School and in alternative dispute resolution (ADR) from the University of Windsor. He was called to the Ontario Bar in 1995. He has practised law in Toronto for more than 20 years, primarily as a general civil litigator. He appeared at all levels of Court and tribunals in Ontario.
Mr. Rose has been a working mediator since 2007 — covering all areas in which he has practised as a civil litigator. In recent years, in order to compliment his growing mediation practice, he transformed his law practice from a litigator role to a Settlement Counsel: A lawyer focused on servicing his client’s needs through negotiation and dispute resolution, as opposed to lengthy and expensive court battles.
Mr. Rose is designated as a Chartered Mediator (C.Med) by the ADR Institute of Canada, and is a former Director of the ADR Institute of Ontario. He is a member of the ADR Section Executive of the Ontario Bar Association and is a Fellow of the International Academy of Mediators.
In the first instalment of a three-part series on the benefits of mediation in disputes where there are ongoing relationships that need to be managed quickly and inexpensively, Toronto mediator and settlement counsel Mitchell Rose focuses on neighbours. Read more
The idea that a person’s home is their castle, combined with the concept that proximity breeds contempt, can lead people to take extreme positions about what appears to be everyday neighbour issues, says Toronto mediator and settlement counsel Mitchell Rose . Read more
While it may be tempting to have your ‘day in court,’ there are several key reasons why you should consider settling over litigating, including changing the future rather than dwelling in the past, says Toronto mediator and settlement counsel Mitchell Rose . Read more
Inspired by his passion for writing and speaking on the topic of mediation advocacy, Toronto mediator and settlement counsel Mitchell Rose has created an innovative and interactive continuing professional development (CPD) program to share some practical tips and best practices. Read more
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
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
News that a Nova Scotia woman and her nephew reached an agreement on how they will share a disputed lottery jackpot illustrates the benefits of mediated solutions, Toronto mediator and settlement counsel Mitchell Rose tells AdvocateDaily.com . Read more
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 should charge contingency fees: “No, and it doesn’t depend (on anything, anyone, or any result)!” Read more
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 dispute), I will enter into contingency fee arrangements for legal services with clients from time-to-time, and for certain types of matters. Read more
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
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
In the second 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 business disputes. Read more
By Mitchell Rose . 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 per cent 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. Read more
In the first 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 estate disputes. Read more
By Mitchell Rose . Spring brings further changes to provincially regulated Ontario workplaces. These latest changes arise from last November when the Legislature passed “Bill 148” (also known as the Fair Workplaces, Better Jobs Act ), on which we reported in a recent blog post . However, some parts of the Bill did not take effect immediately. Read more
