Civil Disputes
Civil disputes include a broad range of claims between individuals, businesses and other parties, including contractual disputes, real estate and property matters, construction claims, professional negligence, debt and payment disputes, misrepresentation, fraud, intentional torts, and other claims involving financial loss or competing legal obligations.
Employment Disputes
Employment disputes include claims arising from the employment relationship and its termination, including wrongful and constructive dismissal, termination for cause, compensation and bonus disputes, employment agreements, restrictive covenants (e.g. non-compete and non-solicitation clauses), confidentiality obligations, fiduciary duties, workplace claims such as harassment, and disputes involving departing employees, executives and employers.
Corporate & Commercial Disputes
Corporate and commercial disputes arise from business relationships, transactions and ownership interests. They commonly include shareholder and partnership disputes, breach of commercial agreements, purchase and sale transactions, corporate governance issues, fiduciary duty claims, financing and lending disputes, commercial leasing, valuation disputes, oppression and derivative actions, and allegations of fraud or misrepresentation.
Approach
Robert Karrass brings a practical, litigation-focused approach to the mediation of civil, employment and corporate/commercial disputes. He works with counsel and parties to test the strengths and weaknesses of competing legal positions, assess evidentiary and litigation risk, and identify the broader considerations that may be driving the dispute. In employment matters, that may also include the personal, professional and reputational considerations that can influence resolution. In matters involving ongoing business relationships, shareholders, partners or complex contractual arrangements, he also helps the parties explore solutions that may not be available through a court judgment alone, while maintaining a clear focus on what is realistically achievable if the matter does not resolve.
Fee Schedule
| Service | Fee |
|---|---|
| Two (2) party half-day mediation | $3,000.00 |
| Two (2) party full-day mediation | $5,000.00 |
| Each additional party in a multi-party mediation | $500.00 |
| Overtime (per additional hour) | $550.00 |
These rates include up to three (3) hours of preparation time on half-day mediations and up to five (5) hours of preparation time on full-day mediations.
Additional preparation time, if requested by the parties or agreed to in advance where warranted by the complexity or volume of the materials, will be billed at $550.00 per hour.
HST will be added to all invoices.
Booking a Mediation
Current availability may be reviewed online at any time. Once counsel have agreed upon a mutually convenient date, the mediation may be reserved directly through the online booking calendar.
At the time of booking, counsel will be asked to provide the necessary matter and participant information and to accept the applicable mediation terms. Once the booking is completed, the date will be reserved and a confirmation will be sent to counsel.
Common Questions
What is your cancellation policy?
Once a date is confirmed, it is reserved exclusively for your matter and the time cannot usually be refilled on short notice.
| Notice given before the mediation | 2 parties | 3 parties | 4 parties | 5 parties |
|---|---|---|---|---|
| More than 60 days | No charge | No charge | No charge | No charge |
| More than 30 days but less than 60 days | $1,500.00 | $1,750.00 | $2,000.00 | $2,250.00 |
| 30 days or less | $2,000.00 | $2,335.00 | $2,670.00 | $3,000.00 |
| Notice given before the mediation | 2 parties | 3 parties | 4 parties | 5 parties |
|---|---|---|---|---|
| More than 60 days | No charge | No charge | No charge | No charge |
| More than 30 days but less than 60 days | $2,500.00 | $2,750.00 | $3,000.00 | $3,250.00 |
| 30 days or less | $3,335.00 | $3,670.00 | $4,000.00 | $4,335.00 |
If the parties resolve the dispute before the mediation date, please advise me as early as possible. The purpose of the cancellation policy is to keep mediation dates available where possible, not to penalize parties for settling.
Do you conduct mediations virtually or in person?
Both. Virtual mediation by Zoom works very well for most civil, corporate/commercial and employment matters. It reduces travel, simplifies scheduling for counsel, clients and decision-makers, and allows for private breakout rooms for caucusing.
In-person mediations are available on request and may be particularly worthwhile in high-value, multi-party or high-conflict disputes where the parties would benefit from being in the same location. Hybrid arrangements, with some participants attending in person and others by video, can also be accommodated.
Where an in-person mediation is requested, the parties are responsible for the cost of the meeting room or facilities at the court reporting office or other venue where the mediation is held.
Who pays for mediation?
Unless the parties agree otherwise, the mediator’s fee is shared equally among the parties.
In some matters, the parties may agree to a different allocation of the mediation cost as part of the booking arrangements or settlement discussions. Any such arrangement should be confirmed in advance.
When is the best time to mediate?
Mediation can be scheduled at any stage of a dispute, including before litigation is commenced.
In many cases, mediation is most effective once the parties understand the central factual and legal issues and have exchanged the documents or information necessary to assess risk meaningfully. That does not always require discoveries or a fully developed evidentiary record.
In commercial and employment disputes, an earlier mediation can often preserve business relationships, reduce disruption and avoid significant litigation cost. In other matters, the parties may benefit from completing examinations, obtaining expert evidence or resolving a preliminary issue before mediating.
The right time is usually when the parties have enough information to negotiate intelligently, but before the cost and momentum of the litigation begin to overtake the value of resolution.
Who should attend the mediation?
Counsel for each party and the individuals who are necessary to make meaningful settlement decisions should attend.
For corporations or other organizations, that generally means a representative who understands the dispute and has sufficient authority to negotiate and resolve it. In shareholder, partnership or closely held business disputes, the principals themselves will often need to participate. In employment matters, the appropriate employer decision-maker should usually be available, together with the employee.
If a necessary participant cannot attend or settlement authority will be limited, please let me know in advance so that we can determine how best to proceed.
What should counsel provide in advance of the mediation?
I ask counsel to provide a focused mediation brief at least seven days before the mediation and to exchange it with the other parties.
The brief should identify the material facts, the principal legal and evidentiary issues, the relief or damages claimed, and the issues that are likely to drive settlement. Where appropriate, it should also address litigation risk, commercial considerations, expert evidence, credibility issues and any practical factors affecting resolution.
Please attach the documents that materially assist in understanding the dispute rather than the entire production record. In a commercial matter, that may include the key agreement, relevant correspondence, financial material or expert evidence. In an employment matter, it may include the employment agreement, termination documentation, compensation information and relevant workplace records.
I also ask counsel to include the negotiation history and any outstanding offers.
If there is something you want me to know that should not be shared with the other parties, that can be addressed privately during the mediation.
Will you provide an assessment of the strengths and weaknesses of the case?
Yes, if the parties want one.
My primary role is to facilitate resolution by helping each side test its assumptions, understand the opposing position and realistically assess litigation risk. Where the parties ask for it, or where negotiations are stalled on a discrete legal, evidentiary or valuation issue, I am prepared to provide a candid assessment of the strengths and weaknesses of the competing positions and how an issue may be viewed by a decision-maker.
Any assessment is provided solely to assist the settlement process and is not binding on anyone.
Can counsel contact you before booking to discuss whether a matter is suitable for mediation?
Absolutely, and I encourage it.
A short call can often clarify whether the matter is ready for mediation, how much time should be reserved, who needs to participate, and whether something should occur first, such as an exchange of documents, a valuation, an expert report, examinations or the addition of another party.
Pre-booking calls are without charge and, where appropriate, can be arranged jointly with opposing counsel so that everyone begins the process with the same expectations.