On 3 September 2024 it will be 20 months since I began the writing the history of ‘The Corporation’. The ICBC History Project is now four regular issues, two special editions and eleven years into the story of ICBC. It’s available to anyone in the world at www.icbchx.ca. I’m doing my best to make it readable.
While the task appears formidable, it’s really not. The most difficult part is what I am about to do today. To ensure both the perception and the reality of objectivity I must step back from my financial engagement with the industry. I have instructed my coordinators to re-assign all mediations scheduled after 31 August 2024.
I will stay in touch as I continue with ‘The Project’. Many of you have become friends over the years. To my friends and professional acquaintances alike, as an adjuster, a unit manager, a business owner and a mediator over the last 53 years, it has truly been an honour and a pleasure to work with all of you. I wish you all the best in the future.
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While I have engaged in the running of various small businesses, including a charter fishing business and two small independent adjusting firms, my primary means of earning a living (since 1971) has always been the settlement of personal injury claims. By 1991, my independent adjusting practice evolved into a collaborative approach to the management of catastrophic injury claims, from accident investigation, through rehab, to settlement. For that approach to work, the decision makers in the process, the examiner and the claimants (and often their families), had to have clear information, presented in a timely way, that took into account traditional expectations. That was the essence of my job.
Nine years later my daughter turned into a teenager and I was confronted with the usual challenges of a parent in that situation. I went to the Justice Institute of BC’s Conflict Resolution Program in search of an Owner’s Manual for Parents.
Their program was excellent! Over the course of two years, it brought my understanding of communications to a new level. My daughter still talks to me, and since 2000, those I used to negotiate for and against have accepted me in the role of professional facilitator. It's the only way I earn income. I find it a challenging and positive occupation.
Since mid-March 2020 I have successfully transformed from in-person to the online world. I have a technician on call for all mediations to support participants. His active involvement lessens as people become more familiar with the process and upgrade equipment and wifi services, as I have done.
As of 16 August 2020, I have hosted 52 online mediations. The settlement rate is as good as the 52 pre-Pandemic. It’s safe. People don't have to travel. The professionals have their office resources at their fingertips. The plaintiff can be at home or at their counsel's office. Minimal commuting for everyone. I believe in it enough to commit to online mediation only. I am also hoping that mediation will become more accessible to communities outside the larger urban centres. I'd love to assist with that.
As of 17 March 2023, 378 online mediations later, same results. I am more convinced than ever that, with few exceptions, online mediations are as effective as in-person. I have mediated with clients Zooming in from every continent without a problem.
My blog is available at www.njd.ca. For the plaintiff lawyer whose clients are usually not personal injury professionals, my mediator-to-plaintiff comments are available http://www.njd.ca/plaintiffs. Many plaintiffs have told me that reading this blurb in advance helped them participate constructively on the day of the mediation. You're welcome to email your clients the link. The comments are available in English, Spanish, Punjabi and Chinese.
On a non-work level I enjoy music, photography, walking, plants and good conversation.
Case Experience
Insurance
Personal Injury
Premises Liability
Product Liability
Property Damage
Torts
Education
The future of resolution – miles mediation and arbitration podcast march 2020
The Sunday edition interview of two mediators 19 December 2019
Foundations of negotiation CLE November 2018
Ethical dilemmas for mediators JIBC April and May 2017
Family Violence: Impact on Separation and Divorce, Justice Institute of BC 2014
Estate Litigation Seminar, TLABC 26 April 2013
The Neurophysiology of Conflict, Justice Institute of BC 2013
Continuous reader of Case Law in my field as well as publications related to mediation as well as regular subscriber to webcast seminars through the CLE web site
Formerly Instructor at the Insurance Institute of BC
Guest lecturer for Masters Degree in Vocational Rehabilitation Counseling Faculty of Education, Department of Educational & Counseling Psychology & Special Education at UBC
Presenter at the ICBC Head Office Claims Department Seminar of paper entitled “If A Tree Falls in the Forest …. Guarding Against the Mind’s Fifth Column of Cognitive Dissonance”.
10 Mar 2014 – JIBC course Family Violence: Impact on Separation and Divorce
26 April 2013 – TLABC course Estates Litigation
14 Mar 2013 – JIBC course The Neurophysiology of Conflict
2 November 2012 – CLE course Estate Litigation Basics
2002 – Completion of ‘Beyond Advanced Civil Mediation’ through the Continuing Legal Education Society of British Columbia, Gordon Sloan and Sally Campbell as instructors
2001 – Completion of Certificate in Conflict Resolution from the Justice Institute of BC
2001 – Completion of Time Value of Money through the Insurance Institute of Canada
1994 – Obtained first level Scuba diving qualification through PADI
1989 – Present – Self taught in business process and computers, including Excel, Word, Wordperfect, Act Contact Management, Timeslips, Simply Accounting, Internet Explorer, Outlook 98, Microsoft OneDrive and associated programs, photoshop, Sketchup, Quickbooks etc.
1989 – 1991 – Taught Automobile Insurance for the Insurance Institute o B.C. (one learns when teaching)
1989 – Completed six of ten FIIC courses in a management oriented major prior to starting my own business, mainly through SFU Downtown Campus
1985 – Associateship of the Insurance Institute of Canada (now called Chartered Insurance Professional)
1982-1989 – Professional Development, management-oriented courses provided internally through the Insurance Corporation of BC
1977 – Completed first year of BA Program through North Island Community College in Courtenay BC
1973 – 1977 – Professional Development, technical courses provided internally by the Insurance Corporation of B.C.
1971 – 1973 – Professional Development, technical courses provided internally by the Manitoba Public Insurance Corporation
1967 – Graduated with full academic certificate from St. Paul’s High School in Winnipeg Manitoba
Memberships & Affiliations
Commercial Mediators Association
Member of the BC Mediator Roster (Civil)
Rates Information
My hourly rate for two-party mediations is $500.00 per hour or portion thereof. For multi-party mediations (where three or more sets of diverse interests are represented in the discussions) the rate increases by $25/hour for each additional, separate vested interest.
I only mediate online. There is a technical support and set up fee of $195.00 plus GST in addition to the hourly rate. If any party has any Zoom related difficulties Marlon is on standby to assist.
As I reserve the entire day for each mediation, there is a minimum reservation time of three hours. Longer periods of time can be reserved. However, if the mediation ends sooner than the booked time, then the minimum billing amount is for the full period of the scheduled mediation.
If the briefs are unusually long or preparation is otherwise time intensive, then extra time may be billed at the applicable hourly rates.
A cancellation fee of $2,000.00 will apply to any mediation that is cancelled or rescheduled without 7 clear business days notice. The cancellation fee is incurred by the party initiating the cancellation.
Video Conferencing