Kornfeld LLP Updates

There is often a misconception about the role of the arbitrator appointed to an arbitration panel by one of the...… Keep Reading

Typically the format of a mediation hearing involves the following stages: The parties meet in a plenary session with the...… Keep Reading

One issue that often bedevils a mediator is the role of legal counsel at the Mediation. The goal from the...… Keep Reading

In my last post, I addressed the question of whether an Arbitrator should conduct his or her own independent research...… Keep Reading

This topic can be divided into two parts – research of the facts and research of the law. This post...… Keep Reading

In my last Case Comment, I examined some of the elements of the recent watershed Supreme Court of Canada decision, Sattva...… Keep Reading

Sattva Capital Corp v. Creston Moly Corp, 2014 SCC 53 (Sattva) In the past I have posed the question as...… Keep Reading

This is the third and final installment in the series on the topic of how arbitrations can be made more...… Keep Reading

In my last article I looked at what could be done at the time the arbitration clause is negotiated to advance the...… Keep Reading

Perhaps the most important stage of the process to try to ensure the efficiency and cost effectiveness of an arbitration...… Keep Reading

Introduction One of the reasons often given as to why parties to an agreement build in a reference to Arbitration...… Keep Reading

In a prior article I extolled the virtues of mandatory mediations. The context of that article was in the litigation forum that...… Keep Reading

Section 18(1) of the British Columbia Commercial Arbitration Act[1] (the “Act”) provides two grounds upon which a party may apply to...… Keep Reading

Many jurisdictions have mandatory mediation schemes of one type or another. Some are by a legislative scheme as is the...… Keep Reading

One of the significant departures between the current B.C. Supreme Rules introduced in 2010 and it predecessor can be found...… Keep Reading

Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program An effective Mediator knows that often the...… Keep Reading

Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As mentioned in my earlier post The...… Keep Reading

On Feb. 18, 2011 the British Columbia Court of Appeal delivered its reasons for judgment in the Cambie Street / Canada...… Keep Reading

  Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As an effective mediator, one needs...… Keep Reading

Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program Mediation is a form of alternative dispute...… Keep Reading

The recent case of Ralph’s Auto Supply (B.C.) Ltd. v. Ken Ransford Holding Ltd. et al, SCBC (April 23, 2010)...… Keep Reading

The focus of the civil justice system over the past number of years has, in large measure, been driven by...… Keep Reading