Justice Innovation Blog

Regret, Remorse, and Plans for Redress: The Role of Apologies During Mediation

May 15, 2023

Michael Watkins April 2, 2023 Admitting fault can be difficult, especially during a conflict. But what is it about saying “I’m sorry” that makes apologizing so hard to do? This blog will explore the components of a good apology, before addressing the role of apologies during a mediated dispute.  The Elements of a Good Apology In 1991, a sociologist theorized that at its core, an authentic apology only has two constitutive elements: “the offender has to be sorry and has to say so.”[1] In the decades since, scholars studying philosophy,[2] business,[3] communications,[4] and law[5] have put their own spin on…

2023 Mediation Clinic Open House Recap

Mar 23, 2023

Sophie SklarMarch 23, 2023 On February 8, 2023, I had the pleasure of co-hosting the Osgoode Mediation Clinic (OMC) Open House, which was a part of Osgoode’s Advocacy Week 2023. The Open House event attracted over 40 students and community members, all of whom were interested in learning more about the OMC’s service offerings, and how to join the team. The event was divided into a structured presentation, as well as a more informal discussion and Q&A with members of all three of the clinic’s divisions: the Campus Clinic division, the Family and Youth division, and the Neighbourhood Group division.…

Steps for Planning an Oral Advocacy Competition

Mar 23, 2023

Sophie SklarMarch 23, 2023 As part of Osgoode’s Advocacy Week 2023 and on behalf of the Osgoode Mediation Clinic, I had the pleasure of planning the annual Winkler Negotiation Competition, which occurred on February 10, 2023. This competition was exclusively for 1L students and gave Osgoode’s first-year students the chance to exercise and develop their oral advocacy skills in a low-stakes environment. I was especially eager to plan this event, as I benefited greatly from participating in oral advocacy competitions when I was a first-year student at Osgoode. This was my first time planning an oral advocacy competition, and I…

Summary of the Ontario Bar Association’s (OBA) Proposal for Provincial Mandatory Mediation Expansion

Mar 23, 2023

Nicholas McFarlaneMarch 23, 2023 In this blog post, I will present the OBA’s compelling arguments for provincial mandatory mediation expansion from their proposal submitted to the Attorney General of Ontario. This post is intended to benefit law students, legal academics and policy makers who are researching the merits of provincial mandatory mediation expansion. Specifically, the OBA proposes that Rules 24.1 and Rules 75.1 of the Ontario Rules of Civil Procedure be amended to expand mandatory mediation to the East, Central East, Central West and Southwest regions of Ontario.[1] Currently, the Ontario Mandatory Mediation Program (OMMP) is only implemented in the…

Expansion of the Ontario Mandatory Mediation Program into Family Law

Mar 23, 2023

Nicholas McFarlaneMarch 23, 2023 In this blog post, I will discuss the merits of expanding the Ontario Mandatory Mediation Program (OMMP) into the area of family law. It is hoped that this post will be beneficial for legal professionals and policy makers interested in the OMMP and family law in general. When the OMMP was studied in the Hann Report, it was recommended that mandatory mediation in Ontario should be expanded to new areas of law.[1] Arguably, a prime candidate for expansion is family law. To begin, mandatory mediation for family law cases could potentially have a large impact in…

Summary of the Mandatory Mediation Process in Ontario

Mar 21, 2023

Nicholas McFarlane March 21, 2023 In this blog post, I aim to briefly summarize the Rule 24.1 mandatory mediation process under Ontario’s Rules of Civil Procedure. This post is intended to benefit law students, legal academics, litigants and lawyers researching or participating in Ontario mandatory mediation. As per Rule 24.1.01, the purpose of mandatory mediation is to reduce costs and delays in litigation and to facilitate early resolution of disputes.[1] Currently, Rule 24.1 mediations are only applicable to Superior Courts located in Toronto, Windsor and Ottawa.[2] Under the Ontario Mandatory Mediation Program (OMMP), certain areas of law are exempt from…