Mediation Archives

It’s Time for Online Dispute Resolution (a.k.a Virtual Mediation)

April 13, 2020
Stuart Rudner

The courts are closed, litigation is at a standstill, and court reporters’ offices are shut. Many litigators have an unexpected amount of free time while at the same time, their clients are anxious to move their cases forward. And the reality is that there is a simple way to do it: Online Dispute Resolution.

Mediation Mistakes: What Are Counsel Doing Wrong?

February 7, 2020
Stuart Rudner

In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients.

Better Together? The Pros and Cons of Mediation Joint Sessions

June 21, 2019
Stuart Rudner

In many cases, having parties greet each other and spend a brief period of time in the same room helps to personalize the matter. That said, I always invite counsel to let me know if, due to the nature of the case or other circumstances, this would be counterproductive.

Stop the Clock: Mediation and Limitation Periods

April 1, 2019
Stuart Rudner

If you’re thinking about starting a claim and the deadline to file your suit may run out before you decide, entering into a mediation agreement could buy you some time.

Do as you say: Breach-of-confidentiality clauses in settlement

December 5, 2017
Nadia Zaman and Stuart Rudner

Employers should abide by the strict terms of any settlement agreements Despite what TV shows and movies portray, the reality is that most cases settle. Typically, the parties enter into a settlement agreement in order to ensure that the interests…

Preparing for Mediation

April 13, 2017
Stuart Rudner

As I discussed in a recent Canadian HR Law post, when it comes to mediation, one thing that interests me is the different ways that parties and their lawyers prepare (or don’t prepare) for mediation. The failure to prepare properly…

Tips For a Successful Mediation

March 18, 2014
Stuart Rudner

In my latest Canadian HR Law blog post, I provided some tips on how parties should approach mediation. These are based on my experience as counsel and as a mediator. They include: Focus on the future, not the past Let…

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