As part of the OTLA Long Term Disability Conference in 2013, this article on mediation strategies was prepared.
Slaying the LTD Dragon
Over 20 years ago, in response to an inefficient civil justice system, escalating legal fees, and long and excessive delays to reach trial, the concept of alternative dispute resolution was born. Instead of litigating matters, with its inherent uncertainty and runaway costs, a new approach was conceived. Building upon innovations undertaken in the United States, mediations of disputes were slowly introduced in the Province of Ontario. What was initially an exception has evolved into an accepted, admired, and, indeed celebrated feature of contemporary litigation in the Province of Ontario. Indeed, mediation is mandatory in Toronto, Ottawa, and Windsor.