IMI International Corporate Users ADR Survey

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 […]

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Notices Not Mandatory in Alberta New Home Warranty Program Arbitration

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. […]

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A More Reasonable Offer

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 […]

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February 2013 ADR Update

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 […]

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