| Michael Silver LL.B, LL.M, FCIArb | |
|
355 St Clair Ave W, 1806 Toronto, ON M5P 1N5 Phone: (416) 656-3841 Email: mikesilvermediator@gmail.com | |
| Work Experience | |
| Private Mediation and Arbitration Practice, Toronto, Ontario | 1997 – |
| Provider of Interest-Based and Rights-Based solutions to litigious and other disputes, settling over 85% of cases mediated including employment, breach of contract, disability, fire and casualty and other insurance claims, professional negligence, personal injury, motor vehicle, construction, intentional and other torts, product liability, libel and slander, medical malpractice, shareholder disputes, environmental and estates. Mediated thousands of times and promoted the concept of mediation, one case at a time for over 25 years. | |
| Dispute Resolution Officer ALTERNATIVE DISPUTE RESOLUTION (ADR) CENTRE, ONTARIO COURT OF JUSTICE (GENERAL DIVISION), Toronto, Ontario | 1994 – 1997 |
| One of two full time mediators with the ADR Centre, settling over 70% of all mandatorily referred civil cases including: Wrongful Dismissal, Breach of Contract, Personal Injury, Disability and Other Insurance Claims, Construction, Medical Malpractice, Shareholder Disputes, Professional Negligence, Environmental, Intentional Torts, Estates, Administrative. The Centre's ground breaking work introduced the legal profession to mediation, fostering critical acceptance within the profession and it formed the basis of the positive personal evaluation which led to the current programme of Mandatory Mediation in Ontario. | |
| University Instructor
RYERSON UNIVERSITY Toronto, Ontario | 1994 – 2005 |
| Courses Include: - Creation, Development and Delivery of Ryerson's Negotiation/Dispute Resolution course - Introductory Law | |
| Associate
TORKIN, MANES, COHEN & ARBUS Toronto, Ontario | 1989 – 1994 |
| Litigation practice included: commercial, constitutional, administrative, intellectual property, employment, environmental, medical malpractice cases. | |
| Consultant
TORKIN, MANES, COHEN & ARBUS Toronto, Ontario | 1987 – 1988 |
| Litigation practice included: commercial, constitutional, administrative, intellectual property, employment, environmental, medical malpractice cases. | |
| Articling
Tory Tory Deslauriers & Binnington Toronto, Ontario | 1984 – 1985 |
| Worked on major projects including telecommunications privitization and litigation against a Nazi war criminal. | |
| Research and Policy Consultant
ONTARIO PROGRESSIVE CONSERVATIVE PARTY (OPPOSITION) Queen’s Park, Toronto, Ontario | 1986 – 1987 |
| Produced major research and policy papers and contributed to legislation in the areas of Housing, Financial Institutions, Justice, Aboriginal Rights, Community Relations and Seniors. | |
| EDUCATION | |
| FCIArb and DipICArb, Chartered Institute of Aribtrators, London, England | 2005 - 2006 |
| LL.M, Trinity Hall, Cambridge University, England | 1988 |
| Barrister and Solicitor, Law Society of Upper Canada | 1986 |
| LL.B, University of Western Ontario, London, Ontario | 1984 |
| PROFESSIONAL AND COMMUNITY ACTIVITIES | |
Canadian Director of the International Academy of Mediators
| 2013 – 2017 |
| Board of Directors, Pine Bay Foundation, operates Camp Winston, a camp for neurologically challenged children. | 2012 – 2016 |
| Mediation Panel Member, Hong Kong International Arbitration Centre | 2000 – 2012 |
| Mentoring university students and lawyers in dispute resolution | 1999 – |
| Fellow of the International Academy of Mediators | 1999 – 2017 |
| Panel Member, York Street Insurance Dispute Resolvers | 1997 – 2002 |
| Roster Arbitrator, Ontario Insurance Commission | 1997 – 1998 |
| Executive Member of the ADR Section, Canadian Bar Association of Ontario -Chair of ADR Section Programming (until 1997) and Insurance Committee -Member of Subcommittee Drafting Mediators’ Code of Conduct (now adopted by Ontario’s Mandatory Mediation Program | 1995 – 2015 |
| President, Clear Lake Association | 1994 – 1998 |
| Director of Township of Muskoka Lakes Ratepayers’ Association | 1994 – 2015 |
| Extensive ongoing environmental advocacy leading to the establishment and in furtherence of the preservation of the Torrance Barrens Conservation and Dark Sky Reserve in Muskoka, Ontario | 1993 – |
| President of University of Western Ontario Law School Alumni Association; created the U.W.O.L.A. “Stint Program” where Western law students spend time with senior lawyers, judges and masters to experience legal practice | 1992 – 1995 |
| Member of the Canadian Council of Churches’ Interfaith Roundtable | 1991 – 1994 |
| PUBLICATIONS: | |
| Books: | |
 Authorship of “ Mediation and Negotiation: Representing Your Clients “, Butterworths/LexisNexis, a text on maximizing the process of ADR, written for the Ryerson course and used as a teaching tool around North America |
April 2001 |
 Co-authorship of “ The Law of Confidential Communications in Canada “, Butterworths/LexisNexis, a reference book dealing with Crown, professional, and other “privileges.” |
December 1996 |
 Co-authorship of “ Solicitor-Client Privilege in Canadian Law “, Butterworths/LexisNexis, a reference book dealing with all aspects of solicitor-client privilege
|
May 1993 |
| Articles: | |
| “Why this "Outlaw" is Fighting to Keep Ontario's Skies Dark“, Toronto Star Torrance Barrens website: https://www.torrancebarrens.com |
June 9, 2018 |
| “Being an Effective Mediator“, with Barry Fisher, ADIRO ADR Update | 2015 |
| Annual ADR Lecture Toronto Construction Association, Construction Institute, Risk Management Course | 2000 – 2006 |
| “Construction Litigation“, a paper given at the Canadian Institute’s April 1999, 2000, 2001 and 2002 Construction Superconference | 1999 – 2002 |
| Numerous articles in the Lawyers’ Weekly and the Law Times on Mediation and Ontario’s Mandatory Mediation Program. | 1997 – |
| “Effective Client Representation at a Mediation“, a paper given at the Law Society’s ADR conference in September 1996 | 1996 |
| “ADR: You’ve Got It, Use It“, a paper given at the Commonwealth Conference in September 1995, held in Windhoek, Namibia | 1995 |
| “Mediation in Construction Disputes“, a paper given at the Law Society’s Construction Program in March 1995. | 1995 |
| “Solicitors’ Conflict of Interest and Breach of Duty: Acting for Spouses in the Preparation of a Will“, Estates and Trusts Journal | 1993 |
| AWARDS: | |
| Muskoka Conservancy Wayland Drew Award, This award is given to "reward individuals who exemplify environmental leadership by promoting stewardship, conservation and environmental awareness of Muskoka's heritage." | 2019 |
| Ontario Heritage Foundation Award, This award is given in recognition of outstanding contributions to conservation and Ontario’s heritage, in this case specifically for advocacy leading to the establishment of the Torrance Barrens Conservation Reserve in Muskoka, Ontario | 1997 |
| Ver Heyden de Lancey Prize, Cambridge University, England. This prize is given for the best paper on Medical-Legal Issues and was given for my LL.M thesis entitled “The Constitutional Right to Adequate Government Funding for Ontario Nursing Home Health Care, with Reference to the Law in Other Jurisdictions”. | 1988 |
| The Dean Ivan Rand Award, Faculty of Law, University of Western Ontario: to “recognize and honour law students who, while still maintaining a good academic average, have excelled in their contribution to the law school.” | 1984 |
| The Legal Society Merit Award, Faculty of Law, University of Western Ontario. To “recognize and honour law students who have distinguished themselves by their extraordinary and outstanding contributions to the law school.” | 1982 |
| Dean David L. Johnston Entrance Award, into the Faculty of Law, University of Western Ontario. “The Award is presented annually to a member of the entering class who has, in his performance prior to entering first year law, combined excellent academic achievement with outstanding contribution to the community through public service…and demonstrates unusual promise for service to society through the study of law.” | 1982 |
| Andrew Grant Scholarship For the “highest standing in second year honours political science at the University of Western Ontario.” | 1981 |
| ADR Advocacy: | |
| Lobbying to expand Mandatory Mediation, beyond Toronto, Ottawa and Windsor to all of Ontario | 2019 |
| Instigated and participated in critical lobbying on such issues as flexible mediation timing before a pre-trial, dispelling the idea to transfer mediation directly to the judges (as done in Quebec) and structure of the roster | 1997 – 2012 |
