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CBA Dispute Resolution Section

CBA Dispute Resolution articles are published under the banner Possibilities. Members interested in posting articles are encouraged to send them to the Section at


Mediating workplace complaints prior to investigations

  • May 14, 2021
  • Paul Godin, Steven Gaon and David Bennett

Difficulties arise when serious allegations or complaints of inappropriate behaviour have been made but little information has been shared.

Alternative Dispute Resolution

Facilitating and chairing meetings

  • July 17, 2019
  • Paul Godin

Sometimes, we are called upon to facilitate or chair meetings that do not have settlement or resolution of conflicts as their purpose. They are not deal-making sessions or traditional mediations. Nevertheless, if such meetings are handled badly or sub-optimally, we may end up creating new and larger conflicts. If managed well, such meetings can be productive, engaging, and minimize negative escalation.

Alternative Dispute Resolution

Tips on Advocacy in Mediation

  • March 13, 2019
  • Paul Godin

Lawyers often negotiate in the context of a mediation process. How do you use the mediator and the mediation process to maximize the value of the results for your clients? What approaches should you consider or take in approaching the negotiation table?

Alternative Dispute Resolution

Why everyone should take mediation training

  • May 22, 2018
  • Kari Boyle

Note: This article was originally published on and has been reprinted with permission from the author and from Slaw.

Alternative Dispute Resolution

Lessons of the medicine wheel

  • March 12, 2018
  • Faye Katzman

I acknowledge, with respect, the Coast Salish Peoples and the First Nations Peoples of Treaty Six Territories.

Alternative Dispute Resolution

Using BATNA in workplace mediations

  • March 05, 2018
  • Paul Godin

One of the tools that can be very effective at generating flexibility from the parties in workplace mediations is the strategic use of BATNA (the Best Alternative To a Negotiated Agreement)1 to improve rational decision-making by parties in mediations. One’s BATNA in a negotiation is the best course of action that one can take unilaterally (without the consent or cooperation of the other side) if the negotiation fails to reach a resolution. In other words, BATNA is one’s Plan B.

Alternative Dispute Resolution

What I never expected to learn about EU Laws

  • September 06, 2017
  • Brittany Buna

In June, as part of a law school exchange program, I had the opportunity to study European Law at the EBS Law School in Wiesbaden, Germany. The courses were designed to educate students about the unique nature of European Union. Part of our education involved trips to the European Court of Justice in Luxembourg, the European Parliament and Human Rights Court in Strasbourg, and the European Central Bank in Frankfurt.

Alternative Dispute Resolution

Fast track arbitration can offer a just, cost-effective resolution

  • August 18, 2017
  • Michael Butterfield

In the commercial world, lawsuits can take the focus away from the business, strain cash flow, and drain entrepreneurial energy. The longer the dispute drags on, the more damage there is to the enterprise.

Alternative Dispute Resolution