Speak to the Mediator before the mediation. Unlike litigation and arbitration, there is nothing wrong with talking to the mediator ahead of time. Explain what the dispute is about; why it’s important to your client; what settlement options have been considered, what’s been discussed and why it hasn’t settled. Come to the mediation with settlement… Continue reading Mediation Advocacy Tips
By Sheldon Burshtein February 18, 2011 In late 2010, Ontario enacted the Commercial Mediation Act, 2010 (the “Act”). The purpose of the Act is to facilitate the use of mediation to resolve commercial disputes, including intellectual property and technology disputes. Ontario is the second Canadian province after Nova Scotia to adopt such legislation. Many of the provisions of the Act… Continue reading Ontario Legislation Makes Mediation Attractive For Intellectual Property and Technology Disputes
By Brian D. Edmonds February 4, 2010 What is Mediation? Mediation is a form of alternative dispute resolution (ADR) that can most simply be defined as “facilitated negotiation.”[i] The Ontario Rules of Civil Proceduredescribe it as a process wherein “a neutral third party facilitates communication among the parties to a dispute, to assist them in reaching a mutually… Continue reading Mediating Intellectual Property Disputes – Do I HAVE to? New Ontario Rules Likely Mean YES!