Mediating before the Competition Tribunal: Lessons from the Parkland Mediation

Abstract

As litigation counsel to Parkland, the authors mediated the first ever case before a judicial member of the Competition Tribunal. They explore why mediation resolved this hard-fought case and discuss lessons for the Competition Bureau and future respondents. With mediation here to stay, future litigants must think carefully about whether to focus the mediation on the case's merits, whether and when to mediate, and who should participate (spoiler alert: bring your economist).