Category Archives: Negotiation

How – and Why – Lawyers and Mediators Can Help to Make Mediation Work for SRLs

This blog post by Dr. Julie Macfarlane is re-posted from the National Self-Represented Litigants Project. In my blog last week I referred to the frequent complaints I hear from lawyers and others in the justice system about the difficulty of reaching settlement in a case where one side is representing themselves. I suggested that while it may indeed be more …

BIFF, EAR and other effective conflict resolution skills

The mediate393 roster members and guests just spent 2 days listening and practicing the skills and techniques of Bill Eddy. With over 1500 mediations to his credit, Bill is a master at dealing with high conflict and personality disordered clients. His methods for dealing with this client population are ones that we can all integrate into our own practices and …

mediate393 Demonstrates the Value of Court-Connected Family Mediation and Information Services

The numbers and testimonials show that free onsite family mediation and information, and subsidized comprehensive family mediation, provide real value to clients and taxpayers. mediate393’s roster of some 25 family dispute resolution professionals—either experienced family lawyers or mental health professionals— have provided free onsite information services and family mediation, and subsidized comprehensive mediation, at Toronto’s Superior Court of Justice since …

Mediate393: achieving high settlement and satisfaction rates in family matters

The numbers don’t lie: Ontario’s free and subsidized family mediation program is working in Toronto. Statistics from Oct.-Dec. 2013 show that mediate393’s clients had high settlement rates and were overwhelming happy with the services they received. More than three-quarters (80%) of our clients were very satisfied with the quality of our mediation services. Some client comments: “[Your service is] professional, …

Yes we do civil mediation!

Why our model of mediation works so well for all kinds of disputes…….

Damages awarded for breach of confidentiality

Most mediation agreements provide that the process is confidential. And parties will often agree that the terms of their settlement are to remain confidential too. What is the remedy if someone breaches mediation confidentiality? In a recent decision of the Ontario Human Rights Tribunal, a party to a settlement who breached confidentiality received a $1000 penalty. In Tremblay v. 1168531 …

To caucus or not to caucus……..

When should mediators use “caucusing” as a technique…. and when should they not?

How to “screen” in mediation and arbitration

Teaching family lawyers and mediators how and why to screen for power imbalances, including domestic violence, in mediation and arbitration.