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Justice Innovation Blog

The Pandemic's Shove Towards Online ADR And The Accidental Enhancement of Access to Justice

The Pandemic's Shove Towards Online ADR And The Accidental Enhancement of Access to Justice

By Shaun Odes ADR has often been championed as a tool for enhancing access to justice; however, the recent necessity of pivoting towards online forums has accidentally enhanced access to justice in ways we have never seen. While the COVID-19 pandemic was the root cause of this transition, OADRs benefits will likely lead to its […]

Extrajudicial Justice

Extrajudicial Justice

By Mihail Salariu People usually turn to the courts because they need a conflict resolved. A common scenario is one where a party has a complaint against another and their demand is resisted by arguing for something different, counter-claiming, or silence. If the dispute is over a matter that affects the public interest, like environmental […]

Mediation – A Powerful Tool in Peacemaking

Mediation – A Powerful Tool in Peacemaking

By Paulina Harirbafan Mediation is seen as one of the most effective methods in the process of conflict resolution by the United Nations and is listed in Article 33 in the Charter of the United Nations as one of the means to a peaceful conflict resolution.[1] Both inter- and intra-state conflicts have been successfully prevented, […]

Accommodating Disabilities in Remote Mediation

Accommodating Disabilities in Remote Mediation

By Adam Donaldson Earlier this week, esteemed alumnus David Lepofsky delivered a guest lecture to the Osgoode Mediation Clinic on the topic of accommodating disabilities in mediation. Some typical accommodation techniques, however, may be challenging to administer in a remote setting. This post highlights how some traditional accommodations can still be delivered remotely as well […]

Remote Mediation (Telemediation): Benefits and Tips for Success!

Remote Mediation (Telemediation): Benefits and Tips for Success!

By Valerie Sedlezky The coronavirus pandemic has acted as a catalyst for rapid change in nearly every industry imaginable, and the legal profession is no exception. Courts across Canada began closing their doors in the spring of 2020, and, as of October 14th, 2020, many Ontario courts extended this closure until late January 2021. These […]

Mediation – Which Model is Right for You?

Mediation – Which Model is Right for You?

By Jonathan Mertz Amongst the many Alternative Dispute Resolution (ADR) mechanisms that have emerged as alternatives to the traditional court forum, mediation is a unique one: It is the only ADR that maintains party-autonomy and empowers the disputing parties to develop a solution that is specific to their issue. Unlike a judge or arbiter, a […]

Dealing with Power Imbalances in Negotiations

Dealing with Power Imbalances in Negotiations

By Abiramy Uthirakumaran In an ideal world, a negotiation would have a level playing field for all the people involved. This would mean that the outcome of the negotiation is fair as no one had the “upper hand” during the negotiation. However, it's not unusual for negotiations to have one party holding more power than […]

Debunking Myths about Mediation

Debunking Myths about Mediation

By Nolan Cattell When parties are embattled in a conflict, they often gain tunnel vision and become set on having “their day in court” as they’ve seen for others through movies, television and other media. All they want is to have a judge or person of authority declare for everyone in the room that they […]