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.

I want to alert readers about an interesting OBA dinner program sponsored by the ADR Section scheduled to take place at the OBA Conference Centre in Toronto on January 18, 2012 at 5:30 pm. The title of the program is Alternative Dispute Resolution: Failed Mediation. For those unable to attend in person, the program is also available via live webcast.

On January 16, 2012 I previewed an upcoming program hosted by the OBA's ADR Section. The focus for the program was on why cases don't settle at mediation and what mediators and advocates can do to improve the chances of settlement at mediation. I attended the program. Here is my review.

The Financial Services Commission of Ontario (FSCO), Ontario's insurance regulator, has taken steps to address a significant backlog of accident benefit claims stuck at the mediation stage of the appeals process.