OBA Civil Litigation PROGRAM | Original Program Date: June 13, 2023

While sharing some overlapping features with litigation, mediation and arbitration are qualitatively distinct processes for out-of-court resolution of disputes and counsel need to tailor their preparation accordingly. This program features an experienced panel of counsel and neutrals that will provide the insights counsel need to succeed at their client’s next arbitration and mediation, including on the following topics:

• Selection and appointment:
  • What should you look for in a mediator?
  • What should you look for in an arbitrator?
  • How can you find out about a neutral’s style, before appointing them?
     
• Pre-Mediation Conferences:
  • Do you need a Pre-Mediation Conference?
  • What will be covered?
  • What can you do at the PMC to maximize your chances of success?
  • Do clients attend, or just counsel?
     
• Initial Case Conference/ First Procedural Meeting:
  • What will be decided at the first meeting with the Arbitrator?
  • What should you be prepared to discuss in detail?
  • How much should be negotiated/ discussed in advance?
  • What can be decided later?
     
• Written Materials:
  • How do mediation briefs differ from litigation briefs?
  • How do arbitration materials differ from litigation materials?

PROGRAM CHAIRS

Megan Keenberg, Keenberg & Co
Crystal Park, Gowling WLG (Canada) LLP

SPEAKERS

Pamela Pengelley, Cozen O’Connor LLP
Megan Keenberg, Keenberg & Co
Mitchell Rose, Rose Dispute Resolution
Jennifer Egsgard, Egsgard Mediation