Mediation of Employment Law Disputes

  • Calgary Employment Mediation | David Harris, Lawyer-Mediator
  • Employment Mediation Calgary – Independent & Experienced

David Harris is a mediator and arbitrator of employment law and workplace human rights disputes.

David brings many years of employment law litigation and past mediation experience to assist in the resolution of existing and threatened litigation.

Mediations can also reduce costs penalties for the failure to enter into fair settlement negotiations, as discussed here dealing with a 2025 Ontario Court of Appeal decision, in which the defendant refused to fairly negotiate and was hit with a $300,000 costs award on an award of $16,000.

Legal counsel are very much aware of the benefits of mediation to resolve disputes. The Supreme Court is of the same view. An environment which allows for a speedy and less expensive way to end litigation is to be applauded, as the Court has stated:

…while going to trial has long been seen as a last resort, other dispute resolution mechanisms such as mediation and settlement are more likely to produce fair and just results when adjudication remains a realistic alternative.”

Mediations, both court mandated and ad hoc, play a crucial role in our nation’s litigation process.  Over 90% of litigated matters will eventually come to some form of settlement prior to trial. The mediation process contributes significantly to this result.

Counsel are aware that certain settlement terms can be achieved through mediation which cannot be obtained in a civil trial. Issues such as a reference letter, agreed payments of non-taxable damages can be agreed at mediation, which may be unattainable or uncertain at trial.

It is certainly a much better tool than forcing the litigants to a duel.

Looks like the last offer was declined

 

The story may be hard to believe, but one of the last duels in Canada took place in New Brunswick in 1821. The combatants were two well known lawyers, George Street and George Wetmore. The dispute arose over a lawsuit in which the two lawyers represented opposing parties. Street fatally wounded Wetmore for which he was charged criminally and acquitted. Street was later appointed as a judge of the New Brunswick Queen’s Bench.

It seems that a duel does not offer much middle ground to the parties. Perhaps we can develop a Med-Duel model!