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Toronto, Mark H. Arnold certified specialist (civil litigation)
Mediation / ADR

Mediation / ADR

Under the Ontario Rules of Civil Procedure and the Condominium Act, 1998, mediation is mandatory.

Mediation is a dispute resolution procedure that permits parties to a lawsuit to hammer out a resolution of their issues in a way that is mutually beneficial. A mediator facilitates and presides over the mediation session and has special skills to assist the parties in resolving their dispute. Proper preparation for mediation includes having a thorough grasp of the case and choosing a mediator most suited to assist in resolving the dispute.

Mark has acted for clients in a wide variety of successful mediation sessions. Mark is a senior advocate with experience handling a vast array of cases, clients and mediators. Mark's expertise as an advocate and his ability to adapt his approach to the specific needs of the case and the parties makes him ideally suite as mediation counsel.

What is a good mediator?

The answer is subjective. Based on Mark's experience, a good mediator must possess effective analytical ability and be able to quickly and accurately evaluate the core issues. While this may be somewhat unorthodox, in Mark's experience, to be effective, a mediator must have a solid understanding of the issues, be they legal or emotional.

A mediator must be respectful of the parties and their positions. A mediator must appreciate the different personalities at the table, and determine the depth and extent of the emotional overlay that exists. A mediator must be aware and understand mediation is also cathartic.

A mediator must understand complex areas of law and issues. That means the mediator must know the applicable law in depth and be able to quickly evaluate the range of applicable damages. A mediator must also fully understand both the litigation process and how mediation adds value. Mark has all of these qualities, plus a little humour, patience, tolerance and humility to bring to his mediation practice.

Review a list of services Mark offers.

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