Decision Making

Decision making is mentally taxing and, if forced to keep deciding things, people get tired and start looking for easy answers. (The Economist) This suggests that frequent breaks in both mediation and arbitration should yield better results.

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February 2012 ADR Update

QB DECISION: Mahoney J refused to grant IBM’s application to waive the DRP provisions of the Rules in IBM Canada Limited v Kossovan. The court said: “The experience in this Court plus ample informed commentary suggests that requiring participation in an alternative dispute process leads to many settlements that would not otherwise occur.” “…the threshold for obtaining [exemptions] […]

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How we are Treated – The Fairness of the Procedure

“How we are treated—the fairness of the procedure—has as much to do with our satisfaction as the ulti-mate outcome.” (Sway: The Irresistible Pull of Irrational Behavior, Ori and Rom Brafman) ARBITRATIONS: Recent work includes interpretation of unanimous shareholder agreements, commercial rent renewal rates, bridge construction, Insurance Act appraisal, joint venture agreement interpretation, partnership agreement interpretation, […]

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