The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Demons for Negotiators

[ As originally published in The Lawyers Weekly, April 01, 2016 ] In a legal climate that relies with growing frequency on alternative dispute resolution, a lawyer’s negotiating skills are increasingly important. So, too, are the potential negative effects of habits that can undermine your effectiveness. I call them Demons for Negotiators. Here are five to consider. Ego Creep: Quite often, ego creep results from feeling intimidated by the other side or insecure about your own case. You may try to overcompensate for a level of uncertainty by asserting yourself in unnecessary ways, such as speaking louder or much more ... [more] Full article

Cheerios: Download a coupon, lose your right to sue

A recent New York Times article warned consumers that by clicking "Like" on the Facebook page of General Mills, the maker of Cheerios and other products, they would be agreeing to limit themselves to resolve disputes with the company through informal emails or binding arbitration. [more] Full article

Table Manners – Recipes for Negotiators: #2 The Mandate

Another integral aspect of the negotiating process is the mandate. Legal counsel as well as other individuals, often represent clients either as an individual or in a larger groups. Your mandate, or lack of mandate, can be crucial to your success, failure or to prolonging the negotiating process indefinitely. [more] Full article

Table Manners – Recipes for Negotiators

The legendary basketball coach, John Wooden, once said: “A failure to prepare is preparing to fail.” The same can be said of the negotiator. Preparation is another crucial determinant of the negotiating process. [more] Full article


Mediation and other Alternative Dispute Resolution Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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