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Testimonials


I enjoy working with Bernie. He is able to make both sides feel comfortable that their concerns are impartially and thoroughly addressed. Bernie offers thoughtful, well-prepared insight into my cases, and both sides are satisfied with the experience. Bernie provides excellent value for his services.

- Toronto commercial litigation counsel


Bernie's role as a mediator was important at several points in keeping the parties moving forward. He worked hard to get issues resolved. He cut through the nonsense well – and kept us on track…I liked Bernie and would definitely use him again.

- Toronto insurance defence counsel


I would characterize Bernie as someone with the highest integrity and professionalism. He possesses a keen sense of awareness of the significance of such attributes as discretion and impartiality in the execution of his role as a mediator. I know when I use Bernie as a mediator that we will get a balanced process.

- Toronto employment lawyer


I have participated in numerous mediations with Bernie acting as mediator and have found him to be extremely effective in settling cases. He is always well prepared, fair and highly skilled in assisting the parties in resolving their disputes. I would not hesitate to recommend Bernie as a mediator.

- Toronto construction litigation counsel


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__ Mediation is a consensual process in which parties engaged in a dispute are empowered to negotiate their own confidential outcome with the help of a mediator, an independent and neutral third party.

Whether you’re mediating for the first time or have mediated many times before, when you agree to mediate you want a fair, balanced process that produces results.

Bernard Morrow, the principal of Morrow Mediation is a successful Toronto-based mediator with 16 years of mediation experience.

Utilizing facilitative and evaluative techniques, Bernard has a track record of delivering results.  Over the years he has extricated many clients from countless legal disputes involving complex problems and complicated personalities.

When you work with Bernard, you will experience his full attention and enthusiasm as well as the benefit of his years of legal experience to resolve your dispute to your ultimate satisfaction.

Areas of expertise include business and commercial disputes, wrongful dismissal actions, construction lien disputes, partnership dissolutions and personal injury actions. 

Many people are uncomfortable with mediation because they are unfamiliar with the process. They don’t know what to expect, how to prepare, and how to conduct themselves. Legal counsel can play an important role in preparing a client for mediation.  Whether you’re represented by a lawyer or not, the following Q & A can help you prepare:

What happens in a mediation?

Setting the tone
A mediation session is much like a facilitated business meeting.

The mediator
  • introduces the process,
  • sets the ground rules for discussion, and
  • establishes the agenda for the meeting.

Opening statements…or not
 In many cases, each side then delivers an opening statement
  • to briefly describe their view of the case and
  • to outline what they hope to achieve through the session.

In other cases, the parties may choose to forego an opening statement.  Instead, the mediator provides a brief synopsis of the facts and issues, as gleaned from the written mediation briefs exchanged by the parties in advance of the mediation session.

Discussion of issues & interests
During the mediation, with the mediator’s assistance, the parties and their counsel (in cases where the parties are represented by lawyers) are encouraged
  • to explore the legal issues and
  • to uncover the underlying interests beneath the issues.

These discussions occur at times in the presence of all participants (joint session) and at other times in private with the assistance of the mediator (caucus).

At some point, the mediator will meet with each side in caucus to discuss issues arising out of joint discussions and to review and tender settlement offers on behalf of each party. Sometimes the parties will return to a joint session if the mediator feels, and the parties agree, that it would be productive to do so.

Throughout the process all parties are encouraged to participate actively in the negotiated discussions since it’s the parties, with the assistance of counsel, that determine the outcome.
 
Moving to resolution and agreement
As negotiations progress, the mediator
  • summarizes areas of agreement and
  • continues to assist the parties with the areas that remain unresolved.

If a resolution is reached, the parties draft an agreement (often in the form of minutes of settlement) to reflect the terms of the agreed outcome.

Where one or more parties are not represented by counsel, they are encouraged to seek independent legal advice to review the terms of any agreement reached before finalizing the agreement.

What should I do to prepare?
  • Role play with counsel or, if you are unrepresented, with a trusted adviser, to
        ○ review your story
        ○ assess how the other side will view your story
        ○ consider the strengths and weaknesses of your case and the other side’s
  • Review the issues
  • List your interests in priority sequence
  • Consider options for settlement – “pie in the sky” thinking is encouraged
  • Prepare for any potential emotional confrontation
  • Consider the alternatives to settlement - monetary and otherwise

Do I have to speak and what should I say?
  • Speaking is encouraged subject to the advice of counsel
  • It’s in your interests to participate
        ○ to convince the other side of the merits of your case
        ○ to show the other side that you’d make a compelling witness at trial

How does the mediator help to resolve my case?
  • By working with all parties to identify the issues and interests at the heart of the dispute
  • By challenging and engaging the parties to discuss and explore the issues and underlying interests
  • By getting the parties to see the dispute differently
        ○ from the other side’s perspective and
        ○ from a judge’s point of view
  • By assisting the parties to develop workable and sustainable options for resolution
สมัครคาสิโนออนไลน์ฟรีClick here to contact Bernard Morrow for more information

Meet Bernard

Bernard Morrow is the principal of Morrow Mediation, a Toronto area based full service alternative dispute resolution (ADR) firm that is focused on delivering timely, fair and balanced mediation and arbitration services and responsive consulting solutions at a sensible price. Bernard has been successfully providing dispute resolution services since 1994.

Practicing as a litigator in the early 1990's, Bernard was initially drawn to the ADR field by a desire to achieve more efficient client-centred resolutions to disputes. While he recognized the role of the courts, he believed that many disputes were languishing in the court system and not providing litigants with an opportunity to resolve their disputes in a timely and cost effective way. Read more
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45 St. Clair Avenue West, Suite 901, Toronto, Ontario, M4V 1K9 | P 416-924-7400 | E bernard@ สมัครคาสิโนออนไลน์ฟรี www.myboyisanidiot.com
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