Including mediation and arbitration clauses in agreements makes good sense. They allow the parties involved in a contractual relationship to address disputes privately, confidentially and cost effectively. As well, they ensure that the dispute resolution mechanisms to be used are tailored to meet the needs of the parties, for example, by ensuring that neutrals retained to assist have specialized expertise in the area of dispute and by providing flexible scheduling.

So it appears there will be an NHL hockey season. Not that I'm surprised (see my December 6, 2012 entry NHL Lockout Revisited).

I recently conducted a mediation involving a claim for payment for technical services provided by ABC Inc. to X Co. for an event that X put on at ZED Co.'s premises (the names of the parties have been anonymized for confidentiality reasons).

Prior to becoming a full-time ADR professional, I practiced employment law for close to 15 years. Today a significant part of my ADR practice involves mediating workplace disputes - both those in the courts (wrongful dismissal claims) and within organizations.

Here we are on December 6, 2012, and still no resolution to the NHL lockout in sight.

While no system is perfect, we’re fortunate to have a well-developed and effective mandatory mediation program in Ontario, which applies to most civil disputes commenced through the higher courts in Toronto, Ottawa and Windsor.

I am always on the lookout for videos that can help demonstrate for those new to mediation what the process looks like

Today marks the start of the American Bar Association's (ABA) celebration of "Mediation Week". For the past number of years, the ABA has set aside a week to recognize and celebrate the growth of ADR. In support of Mediation Week 2012, the ABA has created special a link on its website with incredible resources, available at no cost.

At this time of year, as the weather cools and we begin to hunker down for fall, my mind turns to the start of hockey season. Unfortunately, this year is different.

Don't miss the Mediation Boot Camp, scheduled for the morning of June 4, 2012, at the OBA Conference Centre in downtown Toronto!

For those looking to get their fix of "dispute resolution" reading, I recommend two books, each offering something different:

Have you heard the Aesop's Fable about the scorpion and the frog?

Quebec student representatives and the provincial government are talking, which is generally a good sign. The province is reviewing the students' latest offer (see Quebec Student Protest Talks Moves Onto Fourth Day, Province To Mull Over Student's Offer) and all eyes are on the province.

I'm excited to announce that I recently agreed to develop and teach a course called Powerful Negotiation Skills for the University of Toronto's (U of T) School of Continuing Studies (SCS). The SCS has an excellent reputation for delivering "fast, focused and flexible" programming for the business community, attracting people from around the world to its courses.

I recently came accross this interesting blog post by U.S. based mediator Jennifer Shack titled What Makes a Mediator Effective? The Need for Empirical Evidence.

Frequently in mediation the parties and their counsel prefer to mediate through caucusing. It could be to save time (face-to-face mediation can take longer); but, in my experience, this preference may reflect something else: a desire for refuge due to discomfort with conflict. Conversations around financial loss, betrayal or disppointment can be difficult and emotionally draining.

I'm a strong advocate of interest based negotiation (IBN). I use IBN techniques when I negotiate and model them when I mediate. However, a short blog by Michael Hyatt has got me thinking a bit about other, perhaps counter intuitive, approaches that negotatiators can use to gain a psychological advantage over a negotiating partner.