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 […]
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 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 […]