CHOOSING THE PROCESS THAT WORKS FOR YOU

If you are involved in a property or commercial conflict here is a quick glossary of tips that may help you decide how to proceed. If you are confident in your ability to negotiate a resolution, reach out to the other party and ask to discuss the issues. But remember in any successful negotiation, each […]

NEGOTIATING EFFECTIVE COMMERCIAL AGREEMENTS

If you are involved in negotiating the sale of a business and are worried that the other party may not honour any post-closing obligations, here is a list of tips that will help you. Let’s assume that you are selling a business and a portion of the sale price will be paid on closing. You are […]

WHEN NOT TO NEGOTIATE

If you are involved in a so-called intractable dispute here are several tips that will help you. An intractable dispute is one that is generally long standing and involves issues of identity, such as race, religion, nationality or ethnicity. Often each party to the dispute holds negative views of the other that are the product of […]

THE ESSENTIALS OF MEDIATION

If you are involved in a property, or commercial dispute here are a several tips that will help you. Mediation is a voluntary, consent based process. Except for family, and estate disputes, and civil conflicts where lawsuits have been filed in Ottawa, Toronto or Windsor,  the law does not require mediation. This means that in […]

MAKING ARBITRATION WORK FOR YOU

If you are considering arbitration regarding a property or financial dispute, here are several tips that will help you. Arbitration is not a professionally accredited field. Any one can call himself an arbitrator if he chooses. So it is important to check the credentials of any arbitrator you may be interested in naming. Because arbitration […]

HOW MEDIATORS CAN HELP YOU

If you decide to name a mediator to help you resolve a dispute, here are a few tips that are vital. Once the parties to a dispute have had an opportunity to present their sides to each other and to the mediator; list their interests  and explore those interests they share in common,  much of […]

DIFFERENCE BETWEEN ‘RIGHTS’ AND ‘INTERESTS’

If you are involved in a conflict and don’t know how to approach discussing it with the other party (ies) here are some tips that will help you map out your approach. 1) All too often parties in conflict try to discuss their differences by focusing on what they believe are their legal rights. The […]

HOW TO NEGOTIATE

If you are involved in a dispute and are looking for the best approach to resolve it, the following quick tips will help you. Resolving disputes requires a recognition that each side has needs or interests that have to be satisfied. And those may involve a piece of property, a business or a relationship where […]

MOVING TO ARBITRATION

If you are involved in a dispute ranging from a simple debt collection to a shareholder or third party contractor dispute, here are some quick tips that will help you. If you are looking at starting a lawsuit, you need to know that the trial courts generally known as Superior Courts of Justice are backlogged […]

ARBITRATION v LITIGATION

If you are involved in a civil dispute ranging from a simple debt collection to a commercial dispute among  partners, shareholders, or contractors, here are some quick tips that will help you decide how to proceed. 1)  If you are considering a lawsuit, it is important to know that actions in the Superior Court of […]