The Federal Court of Appeal says there would be a “chilling effect” on the effectiveness of the mediation-arbitration process if courts prevented a mediator-arbitrator from expressing a tentative view of the strength of a party’s position during mediation. But they need to be careful not to go too far and appear to have decided the case in advance.
Michael Erdle looks at the question of how far is too far in his April 2022 article for Slaw.ca.
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