: I recently watched a movie, and one of the characters, who was bullied, made a very poignant statement. She said: “If the person who bullied me decided not to be mean, his life would not have changed... however, my life would have been profoundly different.” It struck me, that those who are unkind, would not lose anything by being kind. In fact, many benefits are derived from showing kindness to others. However, as we all know, the person who is on the receiving end of the bullying or unkindness, is affected in ways that reverberate for years, and at times, . . . [more] The post The Wellness Lawyer: “Kindness” appeared first on Slaw
: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw
: Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage. Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more] The post Reconsidering Common Objections to Mediation appeared first on Slaw
: Earlier this year, a motion at the Ontario Superior Court paused while everyone in the room went looking for a quotation. The factum on one side quoted a decision of the Court of Appeal, and opposing counsel could not find the quoted words anywhere in that decision. He suspected the factum had been drafted with AI. The judge called a short recess, so the party who filed it could go and find the passage. [1] The citation was correct, and anyone who looked it up would have found exactly the case named. In this instance, AI produced a fake quotation . . . [more] The post Beyond Fake Cases: The Other Ways AI Is Going Wrong in Canadian Courts appeared first on Slaw
: A longstanding sore spot in the world of dispute resolution is the gap between education and experience. For decades now, I have encountered mediation students eager to put their learning to work only to struggle to find the opportunity to do so. For those pursuing the ADR Institute of Canada’s Qualified Mediator (Q.Med) designation in Ontario, this real-life experience criterion is often the most elusive. After all, who would select a mediator with no experience? I touched upon this question slightly in this column years ago when I questioned the value of mediators promoting their mediation counts . For aspiring . . . [more] The post You Get Out What You Put In: All Is Fair in Love and Mediation appeared first on Slaw