Continued From Page 10
tors, but facilitators. However, the
Ontario Act provides that a person who is asked to be a mediator
is required to make enquiries to
determine if a current or potential conflict of interest exists, as
well as any circumstances that
may give rise to a reasonable
apprehension of bias.
This duty of disclosure con-
tinues until the termination of
the mediation. A potential medi-
ator is deemed to have a conflict
if the mediator has a “financial
or personal interest in the out-
come of the mediation” or “an
existing or previous relationship
with a party or a person related
to a party to the mediation”: s.
7( 6). Further, there is a prohibi-
tion on a mediator acting as both
a mediator and arbitrator, unless
the parties otherwise agree.
Drafting ADR clauses
Corporate lawyers who draft
dispute resolution clauses may
want to refine their precedents to
provide that, when a dispute
arises and before litigation or
arbitration is commenced, the
parties will proceed with a media-
tion pursuant to the new legisla-
tion. If a settlement is reached, the
party who then needs to enforce
the settlement will have a reason-
ably straightforward enforcement
mechanism that could avoid the
need for more protracted litiga-
tion or arbitration.
International ADR in Ontario
There were a number of steps
taken in 2010 to try to establish
Ontario, and Toronto in particu-
lar, as a preferred place for inter-
national commercial dispute
resolution. For example, the past
year saw the formation of the
Toronto Commercial Arbitration
the ambitious objective of pro-
moting and developing Toronto
as a world centre for commercial
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Family Mediation and Collaborative Practice Handbook, 5th Edition Barbara Landau, Lorne H. Wolfson & Niki Landau This text, now in its fifth edition, is a must have for family law lawyers and other professionals dealing with families facing separation and divorce, including mental health professionals, financial specialists, clergy, educators and judges. Less than
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timely and cost effective resolutions.
This book discusses each of these
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Halsbury’s® Laws of Canada – Agriculture / Alternative Dispute Resolution Dr. Donald Buckingham / Duncan W. Glaholt & Markus Rotterdam The Alternative Dispute Resolution volume is an invaluable resource for understanding the increasingly popular options available to resolve disagreement between parties without resorting to
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legislation requiring alternative dispute
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arbitration; ombudspersons, community
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was a state entity
Continued From Page 10
$135* + tax | 70 Volumes
Hardcover | Billed as Issued
$270 + tax | 2 Volumes
804 Pages | Hardcover | 2009
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2004 | ISBN: 9780433444787
Construction Dispute Resolution
Robert Silver and Gary Furlong
This best-practices manual shows you
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adian readers wondering
whether a similar result would
be reached by a Canadian court.
One may contrast the conclusion reached in Dallah with the
decision of Ontario courts in
COTISA v. STET International
 O.J. No. 3573, in which
the principal of a group of companies was held to be bound by
an agreement to arbitrate,
although he did not sign the
agreement himself. Possibly part
of the distinction lies in the fact
that the non-signatory in Dallah
was a state entity.
Dallah serves as a colourful
reminder of an obvious but frequently overlooked point. The
failure to include all necessary
parties to a dispute in an agreement to arbitrate can be a fatal
error in an arbitration agreement. Even if one is ultimately
successful in establishing a right
to arbitrate against a non-signatory, the expenditure of time,
money and effort to establish
that result eliminates virtually
all of the benefits of arbitration.
A failure to establish such a
right may result in an aggrieved
party having no effective remedy.
In Dallah, the only other alternative would have been to sue the
government of Pakistan in its
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William G. Horton practises
in Toronto as an arbitrator of
Canadian and international