Excelling at Mediation Advocacy: A Master Class for Junior- to Mid-Career Lawyers | CPDonline.ca

Excelling at Mediation Advocacy: A Master Class for Junior- to Mid-Career Lawyers

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Professionalism (Ethics, etc.): 0.5
45 minutes
Substantive: 0.75
40 minutes
Equality, Diversity and Inclusion: 0.25
15 minutes
Mitchell Rose
Toronto Lawyers Association (TLA)
100 minutes
$119.00 plus tax
Includes Handouts

Join experienced mediator and settlement counsel, Mitchell Rose in this masterclass. A former civil litigator, he will explore the following issues:

  • 40 tips for excelling at mediation advocacy in civil disputes
  • Recent case law, legislation and Rules of Professional Conduct you need to know about
  • When – and when not – to mediate
  • Choosing the right mediator for your case
  • The hidden dangers lurking mediation agreements and what to do about them
  • Effective preparation and managing client expectations
  • How to write a persuasive Mediation Brief
  • Mastering joint (plenary) sessions—even if you dislike them
  • Neutralizing personal attacks and bullies
  • Settlement offer essentials
  • Building your resilience for when you are caught off-guard
  • When to stay and when to walk away
  • Why “Minutes Matter”
  • Getting more value from your mediator

Professionalism Content: 45 minutes

The ‘Duty to Settle’ (Rule 3.2-4 of the Law Society’s Rules of Professional Conduct and “Encouraging Compromise and Settlement”; Risk Management Best Practices): Treat all Mediations as Mandatory. Even in an action where R.2 4.1 or R. 75.1 do not apply, refusing to mediate can result in a costs award against your client. Know when mediation may be inappropriate. Ignore local practice directions at your own peril.

Client Service (Recognizing and being sensitive to client’s circumstances, special needs; timely and effective client communication): being careful when selecting a mediator for your client’s case; meeting your client pre-mediation

Ethics and responsibility (Confidentiality): contract out of the settlement privilege exception in the mediation agreement and how they intersect with the Rules of Professional Conduct

Ethical advocacy (Civility): being civil to each other, particularly during opening statement. Includes a role-play with the audience for opening statements.

EDI Content: 15 minutes

Equality, Diversity and Inclusion (Value of diversity and inclusion; Impact of behavioural indignities): Discuss special accommodations for clients with disabilities or for religious reasons; ensure that food restrictions due to religious reasons are accommodated (along with food allergies); discuss strategies for dealing with bullies, responding to racist sexist, or homophobic remarks.


Mitchell Rose

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