Michael Silver Mediator & Arbitrator

TO THE EDITOR OF THE GLOBE & MAIL

RE: Editorial "Redundant Coercion" September 16, 2010

September 20, 2010.

Dear Sir/Madam ,

Your editorial "Redundant Coercion" completely misses the point that when parties are required to mediate, they are far more likely to settle out of court and to avoid the huge legal fees and emotional costs associated with a trial and continued litigation. Mediation has been a tremendous success, with cases that might take months to try settling in one day. This has been the overwhelming experience of the Mandatory mediation program in effect in Toronto, Ottawa and Windsor for all non-family civil actions for the last 13 years. Indeed , Justice Winkler had a big hand to play in this previous development.

Mediation is now ingrained in the Toronto civil litigation landscape and no one seriously suggests reverting back to the pre-mandatory days. Justice Winkler 's direction is just a long overdue extension bringing the family law area into the 21st century along with the rest of the civil law.

Finally, I do not know any mediators charging close to $600.00/hour who have only taken a 3 hour course. The mediators in this bracket are highly experienced and valued for focussing the parties on a resolution, thus saving them tens, sometimes hundreds of thousands of dollars in litigation fees. Now that is value added!!

Michael Silver

Mediator and Arbitrator 416-656-3841

Email: mikesilvermediator@gmail.com