Herbert Silber
Kornfeld Mackoff Silber LLP


Vancouver, Canada Area, United States
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Torts
  • Construction Law
  • Litigation
  • Products Liability
  • Professional Malpractice

Arbitration Case Comment: Boxer Capital Corporation v. JEL Investments Ltd., 2015 BCCA 24

The Boxer Capital case is noteworthy as it presents the first opportunity that the BC Court of Appeal has had to comment on the application of the principles on an appeal of an arbitration in a commercial matter as set out in…more

Can an Arbitrator conduct his or her own Research?

This topic can be divided into two parts - research of the facts and research of the law. This comment will focus on whether an Arbitrator can conduct independent research of the facts outside of the evidence presented at the…more

Arbitration Caution: Be Careful about How You Conduct

In my last Case Comment, I examined some of the elements of the recent watershed Supreme Court of Canada decision, Sattva Capital Corp v. Creston Moly Corp, which provides a complete compendium on the application of the…more

Arbitration Case Comment: Sattva Capital Corp v. Creston Moly Corp, 2014 SCC 53 (Sattva)

In the past I have posed the question as to whether Arbitration can be more cost effective and efficient than a court process. The recent Supreme Court of Canada decision, Sattva, provides a complete compendium on the right to…more

Mandatory Mediation - Is this an Oxymoron?

Many jurisdictions have mandatory mediation schemes of one type or another. Some are by a legislative scheme as is the case in British Columbia, 1 where any party can trigger the process to begin. Other jurisdictions,…more
 /  Alternative Dispute Resolution (ADR)

Role of an Effective Mediator – Separating Positions from Interests

An effective Mediator knows that often the parties’ bargaining positions are not reflective of what truly stands behind their positions. While on the surface it may seem that the issue is simply dollars and cents, the fact is…more
 /  Alternative Dispute Resolution (ADR)

A Case for Commercial Arbitration

The focus of the civil justice system over the past number of years has, in large measure, been driven by a desire to both reduce the skyrocketing costs associated with litigation as well as the time frame for rendering a…more
 /  Alternative Dispute Resolution (ADR)

The Mediator as Transmitter and Translator of Information

As mentioned in my earlier post The Mediator as a Facilitator, one of the challenges in mediation is how to deal with the breakdown in communication and trust between the parties. As is often the case, they may not have spoken…more
 /  Alternative Dispute Resolution (ADR)

Role of an Effective Mediator – The Mediator as a Facilitator

As an effective mediator, one needs to be able to facilitate the dialogue between the parties. This may be the only time the parties have faced each other since the dispute arose. Thus, the effective mediator must try to keep…more
 /  Alternative Dispute Resolution (ADR)

Role of an Effective Mediator

ROLE OF AN EFFECTIVE MEDIATOR Mediation is a form of alternative dispute resolution which aims to assist disputing parties in reaching an agreement through the use of a trained third party facilitator. The process differs…more
 /  Alternative Dispute Resolution (ADR)
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