The International Mediation Institute has published results of its survey of in-house counsel responsible for managing dispute resolution. The summary is available here, and the full report here. When choosing a mediator: 99% rely on a mediator’s experience as a mediator, 97% rely on past experience with the mediator, 93% rely on the mediator’s personality […]
An agreement to arbitrate provided for an appeal from the arbitrator to the Ontario Court of Appeal on a question of law. There is no appeal directly to the Court of Appeal under the Ontario Arbitration Act. The parties disputed how the appeal clause should be interpreted and applied. In Uggenti v Hamilton (City), the […]
The ABQB concludes in Chisholm v Lindsay that informal offers to settle, in whatever form, may be considered when assessing costs. The offers need not conform to the Rules of Court or state that the offeror intends to refer to the offer when arguing costs (commonly called a Calderbank Offer). The court considered only the […]
“You persuade a [person] only insofar as you can talk his language by speech, gesture, tonality, order, image, attitude, idea, identifying your ways with his.” A useful approach in negotiation, mediation, arbitration, and life.
The ABQB has held that neither written notice of defects within a prescribed time nor notice for conciliation are mandatory steps in the Alberta New Home Warranty Program dispute resolution process. See Urban E. Homes Ltd. v. Condominium Corporation No. 0313563. Conciliation is primarily aimed at ensuring resolution of the Program’s warranty obligation, not the builder’s. […]
The Globe and Mail today says researchers have found that offering a precise number, such as $4,925, resulted in a significantly more deferential counteroffer, due to the perception that a precise opening offer was more reasoned and informed. While this may be true, negotiators participating in principled negotiation, fostered in mediations, may be asked to […]
The CTA recently reviewed its list of arbitrators, using agency staff and an independent expert to assess prospective arbitrators against the qualification criteria. I have been reappointed to the list. Arbitrations are final offer arbitrations, sometimes known as “baseball arbitrations“.
QB ARBITRATION DECISION: A homeowner brought arbitration proceedings against a luxury homebuilder, and I issued an award. The builder then sued the homeowner to preserve a limitation period. The homeowner defended, counterclaimed and added a painter as a third party. He then argued that, because the builder attorned to the court’s jurisdiction, the court could re-open […]
ABQB says my arbitration award renders the issue of set-off res judicata. The court has discretion not to find or enforce res judicata flowing from an arbitral decision, but “it would not be appropriate to do so here.” The party arguing for set-off in court argued against set-off in the arbitration and prevailed. Permitting a […]
The ABCA has upheld an ABQB decision to stay proceedings by a 3rd party pending arbitration between others. See Yaworski v Gowlings, 2013 ABCA 21. The court can do this when it is just and equitable . “…arbitrations cannot be avoided by simply having a related party commence a lawsuit claiming relief with respect to arbitrable subject matter.” […]