DO YOU HAVE TO MEDIATE?

DO YOU HAVE TO MEDIATE?

COMMENT OF THE DAY #55 – EPISODE 2 MEDIATION The court wants you to mediate because many disputes do not need to go down the path of confrontation. Some are made for mediation + some will never mediate. But the court requires you, at least, to try to meditate....
CLEARING YOUR HEAD

CLEARING YOUR HEAD

COMMENT OF THE DAY #54 ARBITRATION If being an arbitrator is your career, you will be mixing hearings with reading submissions +drafting awards/directions. In the course of a month, challenges arise that can throw you off course – a bereavement; an ailment; a...
IS IT AN OFFER TO SETTLE?

IS IT AN OFFER TO SETTLE?

COMMENT FOR THE DAY #53 MEDIATION Party A makes an offer in a mediation. Party B thinks the offer is “derisory” + an “insult”. Party B threatens to walk out of the mediation + inform the court that Party A did not engage in the mediation “in good faith” (i.e. in...