Definitely Not the Courtroom: Best Practices for Counsel in Mediation 2026

Course Instructor
Gordon B. Sloan — Mediator, Victoria

About the Instructor
Gordon started mediating in 1985. He founded ADR Education in 1997 providing dispute resolution services across Canada. Although Gordon retired in July 2018, he is still working with ADR Education as needed.

Gordon's interests in dispute resolution have been panoramic, ranging from work with individuals to large corporations, and governments to First Nations across Canada. He is fascinated by the role intense values and identity play for individuals and social units in conflict resolution. Gordon's intervention practice has included workplace advice and assessment, multi-party cases in the public policy arena, facilitation of value-charged conflicts, and a full array of litigation mediation.

One of Canada's best known trainers and teachers of dispute resolution, Gordon has delivered negotiation and mediation courses to a wide array of audiences, including lawyers and judges  in every part of the country. He has taught and advised in academic settings as well as the private sector and government at all levels. He has provided training programs and seminars in dispute resolution to professional bodies, First Nations, government departments and agencies, and NGOs. Gordon is passionate about his own adult learning and is quick to share that interest with others. 

Faculty
Russell J. Bailey — Branch MacMaster LLP, Vancouver
Brandon D. Hastings — Northpoint Legal LLP, Vancouver
Shahnaz Jamal — Jamal Law Group, Vancouver
Trevor Sones — Mediator & Adjunct Professor UBC Sauder School of Business, Trevor Sones ADR, Vancouver

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:05)

Jessica Hodgins — Program Coordinator, CLEBC, Vancouver
Mary Kingston — Program Production Manager, CLEBC, Vancouver
Gordon B. Sloan — Mediator, Victoria

Effective Use of Mediation (9:05 – 10:30)

• what is mediation and what is it not?
  • a look at how negotiated agreement differs from litigated outcomes
• how is mediation used and what are its limits?
  • when to mediate
• diversity of mediator approaches, models, and orientations
• preparing for mediation versus trial
• utilizing the value the mediator brings to the negotiation process
• effective advocacy in the mediation and negotiation context
• what information should you share (and not share)
• general application of professional conduct and ethics

How Does Mediation Arise

• a look at the Notice to Mediate process
• family law mediation

Know Your Client's Broader Objectives

• positions, interests, and values
• taking broad instructions to expand negotiations

BREAK (10:30 – 10:45)

Discussion Groups (10:45 – 12:00)

• interest exercise and reporting out

LUNCH (12:00 – 12:45)

Selecting a Mediator, Giving Instructions, and Settling the Process (12:45 – 2:35)

• qualities to watch for in a mediator
• mediation summaries

Preparing Clients for the Mediation Session

• discussions to have
• questions to raise
• familiarizing the client with the anticipated process
• look at the range of solutions

The Role of Counsel in Mediation

• timing the mediation
• legal positions and motivating interests
  • how knowing underlying client objectives provides full instruction to counsel to expand a range of outcomes
• making sure the table is set for a successful mediation
  • do the parties know who did what?
  • having persons of authority at the table
• reacting to the dynamics of the room
• capturing agreement, formalizing, documenting
  • who drafts, who files, who prepares additional documents

BREAK (2:35 – 2:45)

Panel Discussion with Seasoned Counsel and Mediators (2:45 – 4:00)

Moderator: Gordon B. Sloan — Mediator, Victoria
Russell J. Bailey — Branch MacMaster LLP, Vancouver
Brandon D. Hastings — Northpoint Legal LLP, Vancouver
Shahnaz Jamal — Jamal Law Group, Vancouver
Trevor Sones — Mediator & Adjunct Professor UBC Sauder School of Business, Trevor Sones ADR, Vancouver