A brief primer on mediations

by: , September 11, 2023

Overview Estate litigation is a long, slow and expensive endeavour. Will challenges, support claims or objections to the appointment of a trustee often drag on for years, and can swallow much of the value of the estate at issue. One way to avoid the cost and delay is through a mediated settlement agreement. The purpose…read more

Court Approval of a Settlement – A Refresher

by: , July 11, 2023

There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the litigation are capable adults, there is no barrier to reaching (and implementing) a settlement: once the settlement agreement is…read more

Mediation vs. Arbitration – What’s the Difference?

by: , May 25, 2020

I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It…read more

The Costs of Litigation and the Loser Pays Principle

by: , April 14, 2020

When new clients embarks on litigation (to challenge a will or to remove an executor, for example), one of the first questions I am asked is whether they can recover their legal fees or costs from the estate or trust (as we all know, litigation can be expensive). The expectation is that the estate or…read more

The Benefits of Comprehensive Releases

by: , July 24, 2017

When combatants settle a lawsuit, they often exchange mutual releases – that is, they release each other from all and any possible claims arising out of the issues raised in the litigation. However, releases can be the bane of a lawyer’s existence when it comes to getting the words just right. Clients don’t think they…read more

The Importance of Documenting a Settlement

by: , February 27, 2007

In the context of estate litigation, mediation, as well as pre-trial conferences, often leads to settlements.  The importance of carefully documenting a settlement should not be overlooked.  Where required, a Rule 7 motion (court approval of a settlement where a party is under a disability) will have the effect of forcing the parties to document…read more

When to Mediate

by: , February 27, 2007

I recently attended a client meeting where the issue of mediation was hotly debated.  My client expressed reluctance in participating in a process with a party that my client regarded as intransigent and obstinate.  My client also thought that proposing mediation would suggest to the other side that our case was weak and we were…read more

Choosing a Mediator

by: , February 27, 2007

Mediation is a common occurrence in estate litigation.  Mediation is also popular in other areas, including family law and even commercial litigation.  When choosing a mediator, I look for the following characteristics: Knowledgeable (has to know the law) Experienced at mediating (too many “wannabes”) Litigation savvy (knows the true costs and challenges of litigation) Empathetic…read more