Nearing Solutions: Mediation and Arbitration Services
Mediation Is All About Risk Assessment.
Trials happen when one or more parties have underestimated their risk leaving the other party with no choice but to proceed to trial. Mediation offers an excellent opportunity for both sides to take a good hard look at their risks. For the average litigant, whether an institution and especially for an individual, a lawsuit is not where they want to be. Mediation provides a potential avenue to end a dispute that, simply put, is not fun.
I once told a client that one of the reasons I was never bored in 37 years of litigation was you never knew what was going to happen. The client’s response was: “That is exactly what I hate about it.” I strongly believe that my experience can provide valuable help with your risk assessment and help achieve the certainty of a mediated resolution of your dispute.
About Kevin Nearing
Kevin obtained a Bachelor of Common Law from McGill University in 1982 and a Bachelor of Civil Law from McGill University in 1983. He articled at Scott & Aylen in 1983-84 and was called to the Bar of Ontario in 1985.
He then joined Scott & Aylen (the Ottawa founding-firm of Borden Ladner Gervais LLP) as a litigation associate. He became a partner in 1990 and was a partner until 2020 after which he stayed as senior counsel until June 2022.
Kevin has an extremely broad base of litigation experience; acting on construction cases for owners, developers, contractors and engineers; professional liability acting for lawyers, accountants and engineers; personal injury law acting for plaintiffs and defendants; as well as employment law acting for employers and employees.
He has extensive trial experience in the various areas in which he practiced as well as appearances in the Ontario Court of Appeal.
He has also acted as counsel in commercial arbitrations including an arbitration pursuant to the International Commercial Arbitration Act successfully defending a claim for Performance Incentive Payments (PIPs) on behalf of a telecommunications corporation.
Kevin has participated as counsel in mediations for over 25 years, well before mediation became mandatory in Ontario courts.
Kevin has frequently presented papers at the Canadian Construction Association annual conferences on construction insurance, procurement and other issues. He has also presented to the Ottawa Construction Association on subjects such as CCDC-2-2008. For several years he was the head of Borden Ladner Gervais’ Ottawa Construction litigation team.
He has presented at the Annual CCLA Litigation Conference on trial tactics and expert evidence.
Kevin was appointed as a Deputy Judge of the Superior Court of Justice-Small Claims Court in August 2019.