Let's Settle This!

It has been two months since my unexpected arrival at MB, and partaking in mediation has been by far the most intriguing learning experience for me. It is interesting to observe the social, economic and tactical angles of mediation…

the best settlement is one where both parties concede a little to get the deal done...

Preparation

As is the case when preparing for trial, it is of dire importance to be well prepared for your mediation. Drafting a quality brief after a thorough review of your file is an essential step of the mediation process. Your goal is to bring as much ammunition to the mediation. With good knowledge of the facts and the law, you will be able to present your case from a position of strength and obtain the best possible settlement for your client.

Candour

Often times this is the first real chance to evaluate your opponent’s file on a subjective basis and evaluate your chances of success at trial. Therefore, being open and honest allows for no one to be left in the dark. In addition, it is counter-productive when you are not open, and it is usually construed as a weakness in your case.

Patience

Getting a case to mediation is a process. Starting from a properly drafted mediation brief to the opening statements, to back and forth on unreasonable offers, it all takes time. It is important to remain focused on the objectives of mediation, to settle.

Compromise

Since our first day of law school, we have been drilled with the notion that there is no certainty at trial. For this reason, it is important to evaluate your risk and come to mediation with the intention, and willingness to compromise in relation to your level of risk assessed. In fact, the best settlement is one where both parties concede a little to get the deal done.

In Summary

Becoming good at mediation comes with practice, by observing others in mediation and by asking experienced lawyers questions. Finally, it is critical to be a great listener at a mediation. You can often achieve a better result for your client by listening instead of talking.

I cannot wait to develop my own style and to continue learning about the multiple angles of mediation.

David P.

Hands-on Learning Approach

We have approached the halfway point into our summer, so it is a great time to check in on how the summer is progressing and specifically give an insightful snapshot into the day and life of a student at the Ottawa office.

The open-door policy we were promised during our interviews is definitely widely practiced and an important value of the firm.

The Ottawa office is located right in the heart of downtown Ottawa’s financial district. Each morning on our walk to the office, it is always nice to grab a coffee in one of the many coffee shops, and even stop and appreciate the beautiful views of the parliament buildings before making our way to the 14th floor of the Sun Life building.

Upon arriving at the office, there is no shortage of friendly faces. Everyone in the Ottawa office has been welcoming to the new students. Whether it is sharing laughs in the boardroom over the lunch hour, or honouring the departure of a fellow colleague over pizza; the students have been included in each event. From the assistants to the lawyers, to the law clerk, everyone is approachable and willing to help us with (what seems like) our never-ending questions. The open-door policy we were promised during our interviews is definitely widely practiced and an important value of the firm. The collegial atmosphere is particularly conducive for us students to learn because we feel comfortable to ask our questions, seek out direction, make and learn from our mistakes, and seize opportunities.

We have had the opportunity to work with each and every lawyer in the Ottawa office, and many lawyers in the Toronto office. I have found that the lawyers are genuinely interested in teaching and mentoring us students. They are also happy to assign us important and extremely interesting tasks. For example, I have already had the opportunity to personally correspond with clients, conduct extensive research, draft pleadings and even write a client reporting letter, to name a few! The great thing about our office and the firm, in general, is that it takes a very hands-on learning approach. There is a great balance between having the freedom to learn how to complete the assigned tasks independently and having the support and resources required to succeed.


This summer, we have been provided with the opportunities to participate in areas of litigation we could only read about in our civil procedure class! It is so fascinating to see what we learned from the pages of our textbooks practiced in real life. For example, I have been lucky enough to observe examinations for discoveries conducted by several lawyers, and I am excited to be attending a mediation next week.

The first half of the summer at McCague Borlack has been both challenging and rewarding. I have already been afforded invaluable practical litigation experience and I am excited to see what the second half of the summer holds!

Cassandra K.