Types of Mediation
By Harinder S. GahirLawyer, Mediator and ArbitratorFormer Chairperson CCP Review TribunalsFormer Vice Chair, Licence Appeal Tribunal, Ontario Although not set in stone, there are three types of meditation processes that have gained prominence over the past 30 years. Below is a high-level summary of Evaluative, Interest-Based/Facilitative and Transformative Mediation Strategies. A. Evaluative Mediation Zumeta explains…
Misconceptions About Mediation Advocacy
By Harinder S. GahirLawyer, Mediator and ArbitratorFormer Chairperson CCP Review TribunalsFormer Vice Chair, Licence Appeal Tribunal, Ontario Many lawyers incorrectly believe that mediation advocacy is much like trial advocacy.1 The two advocacy skill sets are entirely different.2 Some lawyers mistakenly view the mediator as the audience. However, in a mediation the audience is the other party3 that must…
Mediation Advocacy
Part I Overview Mediation has become an indispensable and highly useful tool for lawyers in civil litigation. There is an increasing evidence, including empirical, that mediation often saves substantial time and money and produces results that are satisfying to the litigants. In some cases, these results would not have been attainable in a trial.1 Lawyers regularly…
Advocacy Skills In Interest Based Problem Solving Mediation
By Harinder S. GahirLawyer, Mediator and ArbitratorFormer Chairperson CCP Review TribunalsFormer Vice Chair, Licence Appeal Tribunal, Ontario A. Skills to Solve Problems In interest-based mediation the lawyer approaches an arbitration as a problem-solving exercise rather than an adversarial face-off. The Harvard Negotiation Project and Professor Roger Fisher’s seminal work, Getting to Yes, offers another model…
Adversarial Versus Problem Solving Approach In Resolving Disputes
By Harinder S. GahirLawyer, Mediator and ArbitratorFormer Chairperson CCP Review TribunalsFormer Vice Chair, Licence Appeal Tribunal, Ontario The traditional adversarial approach may be essential in the litigation process, but it does not work well in mediation. Many lawyers bring the same adversarial skills into negotiation. In the past, “Coercion, manipulation, even dirty tricks were all…