Learn from an international faculty of mediation experts how to navigate the complex and nuanced issues in today’s mediations• Choosing the mediation style and process that works best for you

• Does it depend on the subject matter of the mediation?

• Strategic considerations for a multi-party case?

• What questions should you be asking the parties before a mediation?

• Ethical considerations affecting style and process?

Plus! Don’t miss the Interactive Process Design Challenge. You will work with your colleagues to design a process that tackles various multi-party disputes.

KEYNOTE SPEAKER

The Honourable Caroline Mulroney, Attorney General for Ontario and Minister Responsible for Francophone Affairs on “Mediation as an Adjunct to Public Policy”

6TH ANNUAL CONFERENCE ON MEDIATION

MEDIATION STYLES AND PROCESSES:Practical Strategies to Determining What Works Best and When

Register today at:

osgoodepd.ca/mediation2019

Program ChairJ. Jay Rudolph, LLB. C.Med., C.Arb Rudolph Mediation & Arbitration Services Inc.

Date and Time May 2, 2019 9:00 a.m. – 4:00 p.m. EST In Person or Webcast

Online Replay: May 30, 2019

LocationOsgoode Professional Development 1 Dundas St. West, 26th Floor Toronto, ON

BROUGHT TO YOU BY:

SPONSORED BY:

Agenda8:30 a.m.

Registration

8:55 a.m.

Welcome and Introduction from the Chair

J. Jay Rudolph, LLB. C.Med., C.Arb Rudolph Mediation & Arbitration Services Inc.

9:00 a.m.

Mediation Styles and Processes: Choosing the Ones That Work Best for You

Moderator:

Martha Simmons Winkler Professor of Dispute Resolution; Academic Director, Winkler Institute of Dispute Resolution; Director, Mediation Clinic and Intensive Program, Osgoode Hall Law School, York University

Panelists:

Allan J. Stitt ADR Chambers

William Kaplan Lawyer, Arbitrator, Mediator

• What is a mediation style/process?

- Caucusing? Openings? Do you keep notes?

• Is it important for mediators to have different styles and processes in their toolbox?

• Is there a difference between style and process?

• Does style impact the process? How?

• Does process/style depend on the subject matter of the mediation (family dispute, personal injury, employment case)?

• Does style and/or process change depending on the parties involved?

Mediation plays a critical role in our justice system. It requires a special skill set and raises unique challenges for both mediators and counsel. Beyond the justice system, mediation approaches and techniques are increasingly used in a wide variety of settings.

Developed as part of a unique partnership of legal, mediation and academic experts, this joint Winkler/IAM/OsgoodePD annual program, draws from across North America, and provides a forum for discussion focused on broadening the skills of counsel and mediators.

This year’s program focuses on developing an understanding of the varying mediation styles and processes so you know which to employ and when including:

• Is it important for mediators to have different styles and processes in their toolbox?

• Does your style and choice of process affect the outcome?

• What role do the parties play – if any – in designing the process?

• What are the ethical challenges and concerns to be aware of?

• How to determine which mediation style and process to use

PLUS! Don’t miss the special fireside chat with The Hon. Caroline Mulroney and the learn-by-doing Interactive Process Design Challenge.

Who Should Attend?• Mediators

• Arbitrators

• Private Practice Lawyers

• Government Lawyers (Crown, Attorney, Prosecutor)

• In-house Counsel (General Counsel, Legal Counsel, Corporate Counsel)

• Ombuds

Mediation Styles and Processes:Practical Strategies to Determining What Works Best and When

© Osgoode Professional Development, 2019

Register today at:

osgoodepd.ca/mediation2019

12:00 p.m.

Networking Luncheon

1:15 p.m.

The Interactive Process Design Challenge

Facilitators:

The Hon. J. Douglas Cunningham, QC Cunningham Dispute Resolution Services Ltd.

Jeffrey Krivis First Mediation Corporation (California)

Lela P. Love Professor of Law; Director, Kukin Program for Conflict Resolution; Director, Cardozo Mediation Clinic (New York)

The Hon. J. Douglas Cunningham QC, will outline a series of different disputes meant to get you thinking about the possible different styles and processes you might invoke and the pros and cons of each.

In small groups, working with a facilitator, you will design a process to tackle different types of complex multi-party disputes in various practice areas, including Family/Estates; Indigenous/Cultural; Personal Injury; and, Human Rights/Employment. As a group you will determine the best style and process for each situation.

Discussions will include a review of ethical challenges/situations and how they impact upon the style/process used in the mediation. Groups will report on their discussions and discuss the strategies that emerged from their groups, along with their rationale for choosing the particular style/process.

The group de-brief will reinforce your understanding of mediation styles/processes, and you will gain practical strategies to determine which one to use in different situations and how to use them effectively.

*A 15-min refreshment break will be taken during this session.

• Does cultural diversity impact the style/process you choose?

• What about a self-represented litigant?

• Multi-party case?

• Does style and process affect the outcome?

• What are the ethical considerations to consider in using different styles and/or processes?

10:00 a.m.

Refreshment Break

10:15 a.m.

What Role do the Parties Play in Process Design?

Moderator:

The Hon. Georgina R. Jackson Court of Appeal for Saskatchewan

Panelists:

Jeffrey Krivis First Mediation Corporation (California)

Mina Vaish Mediator, York Mediation

• Do parties choose a mediator based on their style and/or process?

• What questions do you ask parties before a mediation?

• Should judges caucus?

• Ethical considerations in style/ process/design

11:15 a.m.

Fireside Chat: “Mediation as an Adjunct to Public Policy”

The Hon. Caroline Mulroney Attorney General for Ontario and Minister Responsible for Francophone Affairs

The Hon. Warren K. Winkler, OC, O.Ont., QC, Former Chief Justice of Ontario, Mediator & Arbitrator, will pose questions to The Hon. Caroline Mulroney, Attorney General for Ontario and Minister Responsible for Francophone Affairs.

3:15 p.m.

Panel Discussion: Bringing it All Together

Moderator:

The Hon. Warren K. Winkler, OC, O.Ont., QC Former Chief Justice of Ontario, Mediator & Arbitrator

Panelists:

Lela P. Love Professor of Law; Director, Kukin Program for Conflict Resolution; Director, Cardozo Mediation Clinic (New York)

Jeffrey Krivis First Mediation Corporation (California)

Expert panelists will discuss and highlight key take-aways from the day, with specific emphasis on ethical challenges and solutions, the ins and outs of design process including – taking notes, reflecting on the parties (self-represented?), cultural backgrounds, and more.

There will be ample opportunity to ask questions.

4:00 p.m.

Conference Concludes

ChairJ. Jay Rudolph, LLB. C.Med., C.Arb* Rudolph Mediation & Arbitration Services Inc.

Special Guest SpeakerThe Hon. Caroline Mulroney Attorney General for Ontario and Minister Responsible for Francophone Affairs

FacultyThe Hon. J. Douglas Cunningham, QC* Cunningham Dispute Resolution Services Ltd.

The Hon. Georgina R. Jackson Court of Appeal for Saskatchewan

William Kaplan Lawyer, Arbitrator, Mediator

Jeffrey Krivis* First Mediation Corporation (California)

Lela P. Love** Professor of Law; Director, Kukin Program for Conflict Resolution; Director, Cardozo Mediation Clinic (New York)

Martha Simmons Winkler Professor of Dispute Resolution; Academic Director, Winkler Institute of Dispute Resolution; Director, Mediation Clinic and Intensive Program, Osgoode Hall Law School, York University

Allan J. Stitt* ADR Chambers

Mina Vaish Mediator, York Mediation

The Hon. Warren K. Winkler, OC, O.Ont., QC*** Former Chief Justice of Ontario, Mediator & Arbitrator

* Distinguished Fellow, IAM (International Academy of Mediators)

** Lifetime Achievement Award, IAM

*** Honorary Fellow, Lifetime Achievement Award, IAM

Registration DetailsFee per Delegate $595 plus HST Early Bird $525 until February 28, 2019

Fees include attendance, program materials, lunch and break refreshments. Group discounts are available. Visit www.osgoodepd.ca/group-discounts for details. Please inquire about financial assistance.

Program Changes We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations and Substitutions Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the program date. If a cancellation request is made with less than 14 days notice, a $75 administration fee will apply. No other refund is available.

OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSO.

Eligible CPD Hours: LSO (ON): 5h 45m CPD (2h 15m Substantive; 2h 30m Professionalism; 1h EDI).

OsgoodePD programs may be eligible for CPD/MCLE credits in other Canadian and US jurisdictions. To inquire about credit eligibility, please contact cpd@osgoode.yorku.ca

This program is approved for LAWPRO Risk Management Credit.

Mediation Styles and Processes: Practical Strategies to Determining What Works Best and When

Register today at:

osgoodepd.ca/mediation2019

osgoodepd.ca

416.597.9724

@OsgoodePD

Osgoode Professional Development

1 Dundas Street West, Suite 2600

Toronto, ON Canada M5G 1Z3