Often, counsel believes that openings at mediation are an unnecessary “waste of time” that delay getting down to negotiating, or that they do more harm than good. I don’t believe that this is correct. Although there may be cases or areas of law where opening remarks are not helpful, in many cases a well-crafted and
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What’s needed for a successful mediation? Perseverance!
Every party needs to use soft skills – or better put, essential skills – to get the most out of the mediation process. In my experience, three stand above the others. Over the past few weeks, I’ve shared in blog posts my first two, Optimism and Empathy, and the reasons why they are important. But
Continue readingEmpathy: What it Means, and Why it is Important
I’ve long believed in the importance of bringing empathy to mediation proceedings. In fact, I hold it as one of the most important soft skills needed to create movement during a mediation. When opposing parties are empathetic towards each other, that allows them to move past their positions to their interests – what they really
Continue readingOptimism: The First of Three Soft Skills Every Mediation Needs
Hard skills, such as legal expertise and preparation, are essential to bring to any mediation. But when soft skills are also brought to the table, I’ve found it significantly strengthens and amplifies those hard skills, the two combining together for the lawyers, clients, and mediator in effectively moving a stalled case along. What do I
Continue readingOnline Mediation or In-Person: Determining the Best Path for Your Case
This article first appeared on the Ontario Bar Association’s Alternative Dispute Resolution website. It was published on August 27, 2021. The article can be found here. With the eventual easing of COVID-19 restrictions, we will have the option of doing mediations in-person again rather than only remotely. However, given remote mediations have proven to be
Continue readingThe Power and Importance of Opening Statements when Mediating Online
We are now one year into mediating online and entering the third wave of the Covid-19. After over a year of lock-downs and restrictions, many of us have become very comfortable with mediating online. Given the benefits of mediating online, I believe that this practice will be continued for at least the next several months,
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