Mediations, pre-trials and other forms of ADR have become the most common ways to resolve insurance disputes. But we have all been to mediations and pre-trials that have seemed like a waste of time. How can we get the most out of these crucial meetings? What do mediators need from counsel to conduct an effective mediation? What do judges need from counsel to have an effective pre-trial? What do counsel need from mediators and judges? What are some of main ways opportunities wasted at a mediation or pre-trial? Are there alternative, more effective forms of ADR for certain cases? Join us and hear from counsel, mediators and the bench on these and other crucial issues to help you get your cases settled sooner and more effectively.

Highlights:
• ADR strategies in the era of proportionality
• Mediation — a mediator’s perspective
• Mediation — counsel’s perspective
• ADR perspectives from the bench

9:00 am Introductory Remarks

9:05 am ADR Strategies in the Era of Proportionality
• A discussion of how the changes to the Rules of Civil Procedure will affect mediations
• The new emphasis on “proportionality” in the Rule changes and its impact on all aspects of mediation, including how, what and how often we mediate
Paul M. Iacono, QC, YorkStreet Dispute Resolution Group Inc.

9:20am What Lies Beneath
• Discussion of the motivations and behavior of those at the mediation table
• The folly of assumptions, pride and prejudice
• The impact of cultural factors
• The role of apologies
Paul G. Torrie, Mediator, Global Resolutions Inc.

9:35 am Mediation - A Mediator’s Perspective
• What a mediator looks for from counsel to conduct a successful mediation
• The key ingredients of effective mediation briefs
• What, if any, role does advocacy play in openings: is it helpful or a hindrance
• What approaches by counsel or their clients are helpful or unhelpful in caucus
• How does a mediator determine what approach to take in a mediation
Gary M. Caplan, McCague Peacock Borlack McInnis & Lloyd LLP

10:05 am Break

10:20 am  A Mediator’s Lessons, Learned the Hard Way
Scott W. Densem, Mediator & Arbitrator, Densem ADR Solutions Inc

10:40 am Mediation - Counsel’s Perspective
• The evolution and impact of mediations as a way to resolve claims; are they more effective than pre-trials or other forms of ADR; what should be the timing of a mediation?
• How should counsel prepare; what tone should they take?
• How important is the role of the mediator; how can they make a mediation effective?
• What to look for when selecting a mediator, from both a defence and plaintiff perspective
• How can clients, either plaintiffs or defendants, become an obstacle to settlement and how can mediators help?
Jack J. Fireman, QC, Fireman Wolfe LLP

11:00 am ADR perspectives from the Bench
• The pros and cons of pre-trials versus mediations; is timing important; what do judges need/look for from clients and their counsel in a pre-trial?
• The concept of “templates” as a way to conduct mediations
The Honourable Justice Harvey Spiegel, Superior Court of Justice

11:20 am Panel Discussion & Questions

12:00 pm Program Concludes