Jennifer Egsgard’s Post

Lawyers and mediators: Register for the May 11 "Mechanics of Mediation: Preparation Creates Success" virtual conference to learn from excellent speakers around the world (and I'm very pleased to be facilitating a session in the afternoon with Jonathan Lloyd-Jones). The conference is hosted by Osgoode Professional Development, the Winkler Institute, York University and the International Academy of Mediators - a full agenda is at the link below. https://lnkd.in/gVB_w2BN

https://lnkd.in/g_v779ey

"I didn't expect that mediation would feel this good. I feel like a weight has been lifted from my shoulders." This was what a representative of a corporate defendant said to me as we finalized the terms of a settlement during a commercial mediation. While the mediation involved analysis of the evidence and law, I had also taken care to listen deeply to the corporate representative during caucus. It became clear that the dispute had led to feelings of betrayal and anger on behalf of the corporate representative, and they told me that having the chance to express the detail of what happened and depth of those feelings was a big part of why the mediation experience was so satisfying, despite writing a cheque at the end of the day. This is a big part of what I love about being a mediator - the chance to run a mediation process that can be fulfilling for the parties and that helps them to arrive at satisfying settlements. #law #mediation #mediationskills #commerciallaw #commerciallitigation #mediator #mediators #conflictresolution #conflict #activelistening

It was 2011 and I was due to make oral arguments in Federal Court the following morning. As I prepared chicken for dinner, I explained to my then four-year-old (in what I thought was inspired age-appropriate language) that I would be asking a Judge to find that my client should “win” a disagreement. My son listened carefully and paused as he considered what I was sure would be an insightful question. Finally, “Will you bring the Judge some of that chicken?” While the chicken did not accompany me to Court, the Judge was convinced nevertheless. Now that I’m a mediator there is a lot more room for what a “win” looks like for the people with whom I work, and more than one side can certainly have the feeling of a “win”. Creative settlement terms could even involve the bestowing of chicken (though I wouldn’t recommend it!). #mediator #litigation #litigationlawyer #settlement #chicken #mediation #torontolawyers #win

A settlement at mediation sometimes involves only an exchange of money, but with the help of a skilled mediator value-creating settlement terms may also be available. In a classic mediation training tale, two siblings are fighting over an orange. Their parent swoops in to solve the problem, slices the orange down the middle and hands a half to each child. The children burst out crying, illustrating the parent’s folly of imposing a seemingly fair solution without inquiring as to their interests. It turns out that one child wanted the orange rind for a cake recipe, and the other the juice for a roadside stand. If the parent had taken the time to understand why each child wanted the orange, a win-win resolution could have been reached. The tale neatly illustrates the pie-expanding possibilities that can flow from considering underlying party interests in mediation. Resulting settlement terms are as varied as disputes and may involve terms, for instance, relating to confidentiality, future business dealings, organizational policies to prevent harm, audits of various types, references, and apologies. While law and evidence are always relevant in mediation of litigated disputes, understanding party interests and incorporating settlement terms to address them may make the difference in finding a resolution that is acceptable to all parties. #mediation #settlement #law

Have you ever started telling someone something important to you and difficult to talk about, only to have them interrupt to describe a time when the “exact same thing” happened to them? Or to ask a question that is not relevant to what you are trying to say? Or to give an opinion without letting you finish? How did that make you feel? Did it seem the person was really listening to you or cared about what you were trying to say? Did you feel enough trust to continue revealing delicate information to that person? These dynamics can happen in mediation - parties can “shut down” if they feel they cannot trust an impatient mediator to share relevant but sensitive information - and this can impact the mediator’s ability to do their job. Mediators can cultivate trust using active listening and other techniques, fast-forwarding into the heart of all issues that may be at play - legal, evidentiary, organizational, political, business, reputational and emotional - making it more likely that a settlement satisfying all parties can be crafted. #mediation #trust #mediator #lawyer #torontolawyers #law #conflict #dispute #disputeresolution #activelistening #legal

Sometimes in a mediation it’s important to listen deeply. When that time comes, “following in the footsteps” of the speaker through active listening is critical. The mediator briefly and periodically summarizes what is being said, but doesn’t interrupt with questions that may redirect the speaker away from what is *really* driving them, to something that the mediator may mistakenly think is important. It’s a powerful tool in mediation - and in life! #mediation #mediationskills #litigation

Thank you to the Centre for Effective Dispute Resolution (CEDR) for this welcome on LinkedIn. I am delighted to continue working with you by joining your international panel as a mediator based in Canada. https://lnkd.in/em4v8Xi8

I first encountered the International Academy of Mediators ("IAM"), an organization that has since shaped my professional life, in 2018 at the Toronto Annual IAM/Winkler/Osgoode Professional Development Conference and now am very honoured to be speaking there five years later. If you are a lawyer, mediator, arbitrator or ombudsperson, please join us virtually on May 11 for the 2023 Conference featuring experts from around the world discussing, "Mechanics of Mediation: Preparation Creates Success". Topics covered will include: - Key Considerations during Pre-Mediation Preparation; - Strategies for Preparation in Highly Sensitive Cases; - Addressing Ethical Issues and Challenges Early in the Mediation Process; and - Preparing Parties for an Effective Joint Session (the topic on which I will be speaking together with Jonathan Lloyd-Jones) The conference will be co-chaired by Alicia Kuin and J. Jay Rudolph, and will feature stellar panellists Wendy Kramer, Steven Paul, and Sukhsimranjit Singh, Ph.D. from California; The Honourable Todd L. Archibald, Jon Fidler, Linda Rothstein, Bill Kaplan K.C. FCIArb, Marie Henein, Bernard Morrow, Afsana Gibson-Chowdhury Q.Med, and Colm Brannigan from Toronto, and Orit Asnin from Israel. Registration details and agenda for this May 11 webinar are in the link in comments below.