My Philosophy On Mediation

In a lifetime of working in the world of personal injury litigation I have learned that while money is usually the medium through which such matters are resolved, the method by which a specific dollar amount is arrived is as important. It can often make the difference on a human level between compensation and healing, and on a business level between the adoption of a well regarded agreement over forced resignation to a perceived bad one.

In the context of mediation, I see the system of precedent law that we as Canadians have both inherited and contributed to over the last several centuries, as a thoughtful and progressive discussion about how human beings ought to treat each other. Beyond resolving the cases actually tried, this body of recorded decisions becomes a well of wisdom that other parties can freely draw upon when fashioning their own unique settlement arrangements. The effectiveness of those discussions can be significantly enhanced when held under the private and off the record provisions of an effectively managed agreement to mediate.To be effectively managed, the following concepts must be actively promoted by the mediator:

With these in play, viable options for settlement usually become apparent. With that said, not all mediations result in a deal. Timing is sometimes as important as truth.

While I can’t guarantee settlement every time, I can guarantee that

Over fifteen years of functioning as mediator in well over 2,000 negotiations has given me an appreciation of the human element present in all dispute resolution. This has lead me to a keen interest in estate litigation matters, where the relationships of the parties are ongoing and require a particular sensitivity. I am attending courses, reading case law and interviewing professionals with estate practices with the goal of developing an exceptional estate related area of expertise within my practice. New appointments welcome!