Experience allows Results Mediators to live up to its name

By Paul Russell, LegalMatters Staff • With more than 35 years of litigation and mediation experience between them, Avril Hasselfield and Susan Rai know how effective mediation is in solving disputes. 

Almost two years ago they joined forces and launched Results Mediators, primarily focused on disability disputes.

“We’re industry veterans and are known by many people in the system. We are both compassionate and we work well with both sides,” Hasselfield tells LegalMattersCanada.ca.

“With mediation, you must have real connections to your clients and empathy with the issues they face,” adds Rai. “We have an understanding of how benefits are structured and how they are paid. Having worked both sides, we understand the plaintiff’s perspective as well as the insurer’s position.”

Most mediation done online

When the Ontario-based firm started during the COVID-19 lockdown, business was primarily conducted on Zoom. Most mediations are still done online, Hasselfield says, which saves clients’ money and cuts down on travel time for all parties.

“I would prefer to do more in-person work, but I don’t miss the driving,” she says.  “And because it is virtual, we can settle disputes anywhere in Canada.”

“COVID created a backlog of cases, which is why it made sense to launch our business when we did,” explains Rai. “People want to resolve their cases and agreeing to mediate online facilitates that. It is also more practical for those who are injured or disabled since they do not have to leave the comfort of their home.”

Both partners say mediation offers many advantages over going to trial.

‘Mediators address the frustrations from both sides’ 

“Mediations happen in one day where all parties are present and able to give their undivided attention to the matter. That’s the magic of mediation,” says Hasselfield. “As a neutral third party, we are able to hear and address the frustrations from both sides without creating further antagonism between them. We listen to everyone’s concerns and help them find common ground.

“Both sides are integral parts of the decision-making,” adds Rai. “If you leave it in the hands of a judge or jury, you have no control over the outcome. With mediation, each party must make a compromise for their matter to resolve, and if the parties come with that mindset, that usually happens.”

Hasselfield says in a typical mediation, the talks will start with a Brady Bunch gallery view of the various people taking part, with the role of the mediator explained.

“Most of the time the lawyers for each side give a short opening, outlining their positions,” she says. “And it also gives the plaintiffs an opportunity to share their experience, if they want to, similar to a day in court.”

The two sides then split into separate virtual rooms, with the mediator going back and forth with offers until a settlement is reached.

“The vast majority of litigated claims settle at mediation,” says Rai.

Each party wants to feel they are heard

“What makes a good mediator are connections,” says Hasselfield. “Being able to connect to all the different parties and making them feel that they are being heard, that their position is valued and that they are doing good work.

“We have to keep everyone on track so that talks don’t digress into finger-pointing,” she adds. “We allow both sides to share their frustrations but we can’t allow those feelings to stop a deal from being made.

“We have a well-rounded understanding of what each party is seeking,” says Rai. “That helps us resolve matters. We have empathy for plaintiffs, especially when there is evidence supporting their claims. But from the defendant’s side, we understand that they just can’t pull out the chequebook every time litigation is commenced.”

Decades of experience

Both bring a wealth of experience to the firm. Hasselfield started her career at a full-service law firm where she litigated a variety of disputes. She then moved in-house to a large insurance and financial services company where she was involved in litigation specializing in disability and life insurance, employment and wealth management disputes.

Hasselfield has appeared before all levels of court including the Superior, Divisional and Court of Appeal. She has appeared before numerous tribunals including the Workplace Safety and Insurance Board, Workplace Safety and Insurance Appeals Tribunal, Ontario Health Insurance Plan, Ontario College of Nurses, Employment Insurance Tribunal and the Ontario Human Rights Tribunal.

Rai started her career as counsel at a full-service law firm and then moved in-house to a large insurance and financial service company where she served for more than a decade as senior counsel. She has appeared before the Ontario Court of Justice (General Division), the Ontario Superior Court of Justice, the Ontario Court of Appeal and the Ontario Human Rights Commission.

Branching out beyond disability cases

Looking ahead, the partners are broadening their focus to areas outside of disability claims to include all their areas of expertise. That includes settling disputes involving insurance, employment, securities, contracts, real estate, occupiers’ liability and civil litigation.

“Our mediation skills work for any legal matter,” says Hasselfield. “Our success is based on expert knowledge of the process, coupled with people skills and the ability to communicate, to diffuse situations and to bring both sides together.”

“There are always two sides to a story,” adds Rai. “We enjoy talking to plaintiffs and helping them through what may be a daunting experience just as much as we enjoy working with corporate clients to ensure they feel the settlement is fair.”