Murray Miskin Arbitration Services

Murray Harrison Miskin, B.A., J.D.

Murray H. Miskin B.A., J.D. – Toronto Ontario Canada based Arbitrator and Arbitration Teacher

 

Murray Miskin is one of Canada’s most well known domestic and international arbitrators. He graduated Osgoode Hall Law School in Toronto in 1979 and has been a practicing lawyer in Ontario, Canada since 1981 working mainly in civil litigation.  He became actively involved in conflict resolution through arbitration as a lawyer and trainer soon after his call to the Bar and has taught arbitration courses since 1985.  As a junior lawyer Murray Miskin was asked to develop course materials and teach an advanced arbitration course for the Arbitrators Institute of Ontario.  A similar course had not been offered for several years.  The Miskin courses were first taught at the University of Toronto through the School of Continuing Studies for the Arbitrators’ Institute of Canada which has evolved into the ADR Institute of Canada. He continues to be the primary arbitration instructor in Ontario with course certification from the ADR Institute of Ontario.  In 2014 additional specialized courses have been developed and are being offered in Family Law Arbitration and Condominium Arbitration.

Murray first acted as an arbitrator in 1987 when selected by two of his former students, who were experienced real estate brokers and arbitrators, to chair a three member arbitration tribunal for a commercial lease renewal rent dispute. Since then Murray was arbitrator in a number of construction arbitrations, employment and other commercial arbitrations, and also family law, estate and environmental arbitrations.  In the mid 1990s Murray conducted his first international arbitration hearing in Toronto, after being appointed by the court in Florida to determine a franchise product contract dispute.

When the current Condominium Act for Ontario came into effect in 2001 bringing mandatory mediation and arbitration of all condominium disputes Murray became extensively involved in condominium arbitration.  His condominium litigation experience goes back to 1982 in a dispute over construction quality between the unit owners and the developers of 110 Bloor Street West in Toronto. Murray Miskin was ready to enter this new ADR field as soon as plans were made for mandatory mediation and arbitration of condominium disputes before the enactment of the Condominium Act of 1998 which became law in Ontario in 2001.  Between 1998 and and 2001 he presented seminars in the condominium industry about the new procedures and trained leading condominium lawyers in Arbitration. He went on to arbitrate many condominium cases since the Condominium Act was proclaimed.  Only one of his decisions was appealed with the decision fully upheld by the Judge hearing the appeal and again by the Ontario Court of Appeal. Murray Miskin has arbitrated a great number of condominium disputes where he has applied his own personal experience as a condominium resident and three years as the first President of a large Toronto condominium’s Board of Directors.

Murray Miskin has organized a group of Ontario condominium ADR practitioners whose website is condoadr.ca    This group includes both senior, intermediate and junior arbitrators and mediators whose services are offered at three price levels to provide a comprehensive ADR panel for condominium disputes across the Province of Ontario.

The Insurance Act has been amended to expand the use of private arbitration for insurance claims and disputes.  Murray is now, as a neutral, applying his 30 years of personal injury insurance law practice experience to insurance law where he can work more freely as an arbitrator and mediator now that he is no longer a Plaintiff’s lawyer.

Murray Miskin is getting international recognition and has won awards  in the field of arbitration, mediation and ADR, and is conducting more international commercial arbitrations. The international work includes arbitrator training in the Caribbean which is being planned with a course to be offered in Trinidad under development.  Mr. Miskin was recently in Trinidad and Grenada taking steps towards building the Caribbean arbitration market.  He plans to visit Nassau in the Bahamas in 2015 where there are hopes of developing a major international arbitration centre.  He operates three Caribbean nation focused ADR websites adr.tc, adr.vc and adr.gd.  He attended the 2014 American Bar Association (ABA) dispute resolution conference in Miami as a representative of the Canadian Bar Association’s National ADR Section Executive, and is a Program Chair for the ABA conference April 2015 in Seattle.  Murray Miskin is ready to travel as needed to conduct arbitrations or provide arbitration training. Our closest major urban centre for arbitration is Toronto, Ontario Canada where Murray regularly conducts domestic and international arbitrations and regularly offers his arbitration courses. He is a member of the Toronto Commercial Arbitration Society.

Call 416-492-0989 or toll free 1-877-428-8000 for further information about Murray Miskin’s ADR services and availability.

Murray Harrison Miskin – C.V.


Murray Harrison Miskin, B.A., J.D.

Murray H. Miskin

Murray Harrison Miskin – Curriculum Vitae:


LAW OFFICE: MISKIN LAW OFFICE Telephone: Peterborough Line: (705) 755-7363 (905) 430-8880 Facsimile: (705) 874-2692
Toronto Line: (416) 492-0989 Ajax Line: (905) 428-8000 Toll Free: (877) 428-8000
PETERBOROUGH HEAD OFFICE LOCATION: 380 Armour Rd – Time Square Building Suite 263
Peterborough, Ontario K9H 7L7WHITBY MEETING PLACE: Suite 200-223 Brock St. N.
E-MAIL: miskinlaw@yahoo.com
BIRTH DATE: May 8, 1955
PROFESSIONAL STATUS: Barrister and Solicitor
Member of Ontario Bar since 1981

LEGAL EMPLOYMENT
1985 to present Self-employed in private law practice based in Whitby, Ontario. Personal Injury, real estate, Wills and Estates and Alternative Dispute Resolution.
1982 to 1985 Aiken, Capp – Associate lawyer, Toronto, Ontario. Civil Litigation in areas of Insurance, Banking, Real Estate, Condominium, Construction, and Employment law.
1979 to 1982 Phelan, O’Brien, Shannon & Lawer, Toronto, Ontario. First as Articling Student and then lawyer in Civil Litigation working on Insurance, Commercial, Construction, and Condominium Litigation.

ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE
Was principal arbitration instructor of the Arbitrators Institute of Ontario (and the Arbitration and Mediation Institute of Ontario) since 1985, teaching the qualifying course in Arbitration through the University of Toronto for 10 years and then independent of the University. Continues to teach course with Certificate from ADR Institute of Ontario. Last course was June 2013. Next course will be June 2014 with additional courses in Condominium Arbitration and Family Law Arbitration. Has acted as counsel in numerous arbitrations and mediations and also regularly acts as counsel and adviser to arbitrators. Has arbitrated environmental issues. Has spoken and provided training to various groups and organizations about the Arbitration Act, Mediation and ADR processes. In arbitration practice has conducted a variety of commercial, construction and condominium arbitrations. Conducts international arbitrations. Trained and qualified in Mediation at Osgoode Hall Law School February 1998.  Advanced mediation training from Dr. Christopher Moore of Boulder Colorado in October 2003.  Toronto Roster Mediator from 1999 to July 2003.  Began adrworks website to encourage alternative dispute resolution in 1997. Has extensive experience as a mediator and also mediates insurance claims and commercial disputes.  Since 2013 has been an Executive Member of the Canadian Bar Association’s Alternative Dispute Resolution Section and is working with American Bar Association’s Dispute Resolution Section as a Program Chair for the ABA’s Annual Dispute Resolution Conference to be held in Seattle in April 2015.

EDUCATION
1976 Graduated Trent University, Peterborough, Ontario. Bachelor of Arts (Majors in Politics, Minors in Economics and Philosophy).
1979 Graduated Osgoode Hall Law School, Toronto, Ontario. Doctor Juris.
1981 Completed Law Society of Upper Canada Bar Admission Course and admitted as member of Ontario Bar.

TEACHING EXPERIENCE
1985 to 1990 Law Society of Upper Canada, Bar Admission Course, Profession of Law (Ethics Course).
1985 to 1995 University of Toronto School of Continuing Studies, Instructor
1985 to present ADR Institute, Arbitration Trainer and Lecturer.
1990 to 1992 Queens University, Faculty of Law, volunteer lecturer in civil litigation and trial practice.

ACTIVITIES
2009-present Alumni Representative Member of Board of Governors of Trent University 2009-2012, serves on Advancement Committee, Endowment Lands Committee and 2010-2011 as Board representative to the University Senate, Member of Alumni Council and Alumni Representative to Senate 2012-2013. Vice President of Alumni Association from 2013.
1998 to present Canadian and Ontario Bar Associations, Executive Member and Chair from 1999 to 2001 of the Insurance Law Section in Ontario and 2003-2004 Chair of the CBA National Insurance Law Section. 2005-2007 member of Canadian Bar Association’s Nominating Committee, Vice Chair of National Sections and Chair of the National Sections Council Budget Committee, 2007-2009 Chair of CBA National Sections Council and member of CBA Board of Directors and Finance Committee 2007-2009, Past Chair of National Sections and member of National Sections Executive and Chair of National Sections Nominating Committee (2009-2011).
1986 to 2010 American Association for Justice, Sustaining Member active in committees, conventions and original establishment  of  Ontario Trial Lawyers Association.
1995 to 1997 Durham Head Injury Association, Director
1990 to 1991 Whitby Historical Society, President.
1989 to 2000 Board of Directors, Arbitration and Mediation Institute (Ontario) Inc., Vice-president from 1993
1988 to 1990, 2002-2003 Ajax & Pickering and Whitby Association for Community Living, President, re-elected and served with voluntary legal services and on Board of Directors in 2002-2003.
1985 to 1988 Canadian Mental Health Association (Durham Branch), Vice-President.
1983 to 1986 City of York Safety Council, Member, Vice Chair and Chair for final year.
1980 to 1981 First Student Representative, Bar Admission Course Advisory Committee of Law Society of Upper Canada.
1979 Class of ‘79 Alumni Representative, Osgoode Hall Law School
1977 to 1979 President, Osgoode Hall Legal and Literary Society (Student Council of Osgoode Hall Law School) 1978-79, 2nd Year Rep 1977-78, also was member of Faculty Council and Tenure Committee.
1976 to 1978 President, Ontario Federation of Students.
1974 to 1976 Member of Trent University Senate Executive and President of Trent Student Union

CURRENT MEMBERSHIPS
  • Association for Conflict Resolution
  • ADR Institute, Ontario and Canada
  • Advocates Society
  • Canadian Bar Association
  • Ontario Bar Association
  • Durham Region Law Association
  • Inter American Bar Association
  • Federation of Ontario Cottagers Associations
  • Toronto Commercial Arbitration Society

ARBITRATION COURSE PROCEEDING JUNE 2014

Arbitration class

Learning arbitration can be fun.

We work hard to make learning Arbitration fun.  It is easier to learn when you are not suffering from boredom or brain overload with dry detailed material.  Somehow we have managed over the years to make our arbitration training classes interesting and a few students have even called it “exciting”.  Our course is a generic arbitration course which qualifies students for being arbitrators in a wide range of disputes and helps lawyers and others understand and be comfortable working in an arbitration process.  Arbitration is a method of deciding disputes in a private forum which works very differently from court.

We are also offering an additional one day family law module to the course to meet the Ontario requirements for being a family law arbitrator and the first ever condominium arbitration course coinciding with proposed amendments to Ontario’s Condominium Act.   It is not Labour Arbitration but Labour Arbitrators have found the course very helpful for learning arbitration skills and better understanding their role as arbitrators.  There was a course from June 17 to 21, 2013 and the class was full. The next Ontario Arbitrator Training course is scheduled to run from Monday June 16 to Friday June 20, 2014 on a 9 to 5 basis at the Ontario Bar Association education facility at 20 Toronto Street in downtown Toronto. Classes include a working gourmet lunch each day with the cost of meals, refreshments and course certificates from the ADR Institute of Ontario included in the course registration fee.

The June class will include a  Thursday Mock Arbitration hearing. A Mock Arbitration is where the students take over the class for most of the day.  A Mock Arbitration is a simulated full arbitration hearing.  Some students play parties and witnesses including expert witnesses.  Some are arbitrators on a panel of three and the rest play lawyers who question witnesses and make legal argument to the Arbitration Tribunal who attempt to control the proceedings with a gavel as their only weapon.  Gavels are not used in Ontario Courts but we use them in Arbitration. The arbitrators give their decision with reasons the next morning at the final class. If there is a large class as there was in June 2013 the class will be divided in two to run two simultaneous Mock Arbitration hearings with a qualified arbitration coach to assist in overseeing and later critiquing the process.  The course instructor Murray Miskin provides critical feedback on Friday at the last class after the Mock Arbitration is over.  Some students play legal counsel, some are witnesses and some are Arbitrators.   Role assignments will be based on student requests and the instructors efforts at balancing the proceedings so either side has a good chance of winning the case.

The course will include all of the same content which is approved by the ADR Institute of Ontario for Arbitrator membership and Certification and by the Law Society of Upper Canada for CPD credits for lawyers and paralegals. We are also including additional material related to Family Law as arbitration and Med/Arb are now playing a greater role in Ontario Family Law.   We have a guest instructor (Colm Brannigan) who will co-present material on condominium arbitration including proposed amendments to the Condominium Act which we expect to be announced shortly before the course begins.  Graduates will be qualified to apply for the Q. Arb designation of the ADR Institute of Canada which is recognized nationally.  For the first time there will be optional reasonable cost additional specialized modules to the course.   The family law module is scheduled to first be offered on Thursday July 3 after the end of the course.    If you are not interested in studying Family Law arbitration we assure you that the Family Law content of the main course will not be dominant and the course will deal with a variety of areas of arbitration practice.

Additional to family law module on Thursday July 3 we will be offering a one day condominium arbitration course module on Tuesday June 24.  This additional course will be the first course ever offered in Ontario specific to condominium arbitration.  Colm Brannigan will be co-instructor for the Condominium Arbitration Course.  Colm is participating in the review of the current Condominium Act and will be able to give us a preview of major changes coming that will affect ADR of condo disputes.

We are applying for course approval for both new modules from the ADR Institute and also applying to Law Society of Upper Canada for Professional Development credits for both Professionalism and Substantive hours. Course Registration is open now at this website for all of the courses.  You can REGISTER NOW for the main course using Paypal with a $300 deposit requirement.  This link will also give you a link to register for the course modules which have a lower deposit requirement.   The full cost of the course remains $2,000 plus HST of $260 with the balance due before the course begins. Enrolment will be cut off when we have reached 30 students and this will be our only offering of the Comprehensive course in 2014.  Registration is also open for the course modules for $600 each plus HST until after January 15 when the cost will increase by $100.  There sufficient registration for all courses now so they will proceed as scheduled.  The course modules are not restricted for enrolment but do assume you have prior knowledge of arbitration or family or condominium law.  We encourage our past students to register for one of both modules and we encourage our current students to continue and learn more with a follow up course.

New Family Law Arbitration Course

 

July 3, 2014 Family Law Arb

Co-instructor Gary Joseph with Miskin Arbitration course materials.

Family Law disputes are moving from the courts to private resolution. Family law mediation has been popular for many years and is very effective but not always. The trend is towards arbitration instead of court in family law and now it is often integrated with mediation in a Med/Arb process.   This is a process where the mediator becomes the arbitrator.  In Med/Arb a mediator is retained by both sides to first mediate the dispute and then to arbitrate if mediation fails to bring a full settlement.  The parties know that that the mediator is the one who is to decide and they are more likely to settle knowing that.  They usually get a sense of the views of the mediator at mediation and sometimes it is very clear.  This encourages settlement but at the same time raises a danger if there is no settlement.  The danger is that the mediator who becomes an arbitrator may begin the arbitration with a bias or appearance of bias that has developed from the mediation process.  Sometimes that puts them in a situation where they have no choice but to withdraw from the case if it does not settle at mediation.  For several years our instructors Murray Miskin and Gary Joseph have been strong critics of the Med/Arb process.  Murray believes it can be done with proper safeguards and Gary believes it should not be done at all.Our new Family Arbitration course will prepare Mediators who are also Arbitrators for the dangerous path they are entering.  There are different ways of mediating and some mediators use an evaluative approach where they are more likely to face problems if they move to the arbitration stage.  A non evaluative mediator has an easier path as arbitrator.  Our course will help you develop the skills you need to successfully conduct the Med/Arb process and Family Law Arbitration.  We will have detailed discussion of the laws of evidence at arbitration and family law rules.

In Ontario Family Law Arbitration is now regulated by the Ontario Government so that practitioners must meet certain standards.  Specific family law requirements can be found in amendments made to the Arbitration Act in 2006.  There is also a Regulation under the Arbitration Act specific to Family Law Arbitration.  The Regulation refers to requirements for arbitrators found at the Ontario Attorney General’s website.

The training requirement includes training in screening parties for power imbalances and violence.  Training for that 14 hour requirement is offered elsewhere in a two day course.  They also must have at least 30 hours of training in Family Law if they are not lawyers. That training is also offered elsewhere but we supplement that training from an arbitrator’s point of view. What we have offered for many years is Comprehensive Arbitration Training which enables students to work as arbitrators generally.  We are now offering a one day additional Family Law Module to the arbitration course to specifically train students to be Family Law Arbitrators with specific training in Family Law Arbitration and in Med/Arb.  To take this course you should have first taken the Murray Miskin arbitration course in 2012 or 2013 or take it the week of June 16, 2014.  We will assume knowledge of arbitration and basic Ontario requirements for family law arbitration.  The course will be offered in a seminar format combining lecture and discussion with small group exercises.  The course date is Thursday July 3, 2014.

Course co-instructor

Learn from the Experts

The family arbitration course module will be taught by Murray Miskin with co-instructor Gary Joseph who is a very experienced family law lawyer.  Gary has seen many cases of how family law arbitration can go wrong and successfully appealed decisions of family law arbitrators.  He is co-author of Carswell’s recently published book Family Law Arbitration in Canada.  We will also use one or more coaches who are qualified in family law arbitration and mediation. The Comprehensive Arbitration Training Course comes with a certificate from the ADR Institute of Ontario.  Registration is now open for the courses.

Included in Course

New 2nd Edition of Family Law Arbitration

There is a just released second edition of Family Law Arbitration in Canada due to the many recent developments in related case law.  We will be including a copy of the new book in materials for students who register for the Family Law Arbitration Course at no extra cost.

The Attorney General website suggests that Family Law Arbitrators have the following training which we provide in this new course:

“An arbitrator not familiar with legal processes should consider taking courses on how to be an arbitrator, as well as the required courses on Ontario family law for non-lawyer arbitrators.

Such courses are offered from time to time by dispute resolution organizations and by academic institutions such as universities and community colleges. Some private instructors also offer reputable courses.

Formal training in family arbitration will make the task of arbitration easier, increase the chances that the arbitration will be correct and helpful to the parties, and reduce the risk that awards will be set aside or overturned on appeal.

It may also help to attract business, as parties can ask about the credentials of potential arbitrators in deciding whom to choose. In addition, formal training can help arbitrators avoid more serious mistakes that might give rise to potential claims for negligence.”

Murray Miskin Mediation Services


Let’s get to work and settle now.

Canadian lawyer and highly experienced mediator and arbitrator, Murray H. Miskin, after over 30 years of civil litigation law practice primarily representing Plaintiffs in insurance claims, shifted out of insurance law practice in 2012 and is providing mediation services in insurance and other civil litigation matters on a regular basis.

In February 1998 Murray took comprehensive Mediation training at Osgoode Hall Law School and began to do work as a Mediator mostly with personal injury cases.  He went on to take advanced training from Christopher Moore of Boulder, Colorado.  He was in high demand on the Toronto Superior Court Roster of Mediators which he joined in 1999.  He left the Roster in 2003 when the demand for his services became too high to the point where it interfered with the law practice.  Since then Murray worked primarily on his law practice until the end of 2011.  The Miskin law practice changed in 2012 to eliminate both the personal injury trial practice and  real estate work. The law practice is now focused on work which is less likely to create conflicts for ADR work and work that is not as time sensitive.  Conflict resolution work such as mediation and arbitration has been given top priority in scheduling with flexibility in dates. This allows for mediation to be arranged where requested without a long wait for available dates.

Most of Murray Miskin’s work as a lawyer has been in the field of insurance law where he has over 30 years of experience.  He served as Chair of the Insurance Law Section of the Ontario Bar Association  from 2000 to 2001 and the National Insurance Law Section of the Canadian Bar Association from 2003 to 2004.  Murray Miskin is  ideally suited to provide insurance mediation services. He is recognized for his expertise in personal injury claims, which he now mediates on a regular basis.  Murray is the winner of an Acquisition International Law Firm Award for 2012 for his work as a personal injury mediator.  This award is for “Canadian Personal Injury Mediator of the Year”.

Murray Miskin offers hourly, half-day and full day rates for Mediation Services and does not charge for travel in the Greater Toronto area. He is also available with no travel expense charge for work in the Cobourg, Belleville, Kingston and Ottawa areas.  Work done outside of Southern Ontario and internationally will be billed for travel time and expense.   If you are looking for a highly skilled experienced lawyer to mediate a case you sometimes have to book up to a year ahead.  Murray Miskin has organized his schedule in a way that still keeps most of his time open for work on the law practice which now focuses on class action pharmaceutical cases and US asbestos trust claims brought on behalf of Canadians. This work has time flexibility so that mediations can be booked on short and medium term notice to accommodate the parties and their lawyers.  If you want to mediate within three months we guarantee we will find you one or more available dates.  We can usually book shorter term and have no problem booking dates over three months away.  CALL 416-492-0989 to discuss your mediation needs and to book a date.  Angela at Extension 112 is our ADR coordinator.

Canadian Personal Injury Mediator of the Year

Murray Miskin – Canadian Mediator