Commercial Mediation Excellence: Strategies, Tactics and Skills that Close the Deal

Gary Furlong
Rick Russell

Winter 2016


$1512.00 (includes HST)

Introductory mediation course

Commercial Mediation Excellence is a 3-day experiential workshop designed and delivered by Gary Furlong and Rick Russell, both seasoned professional mediators with thousands of hours in the mediator chair.

Designed for individuals with an understanding of the business world, a desire to mediate commercial litigation cases, and who have taken an introductory mediation program, participants will explore the following themes:


  • Working with mediation briefs
  • Reviewing experts’ reports
  • Building credibility with the parties
  • Working with authority issues

Breaking Down the Claim(s)

  • Understanding the heads of damages
  • Liability
  • Causation
  • Quantum and sufficiency of proof

Mediator as Negotiation Coach

  • Offers & counter-offers – who goes first?
  • Offers that help & hurt→ the principle of reciprocity
  • Momentum and certainty – how they help close the gap
  • Multi-party strategies
  • Creative mediator tools for the endgame

Evaluation & Reality Testing

  • Knowing what to evaluate and when
  • Analyzing litigation risk and Best Alternative to a Negotiated Agreement (BATNA)
  • Understanding inflection points of a case – what it turns on
  • Knowing or finding out about the law

This course is offered each fall/winter in Toronto and each summer in Waterloo.