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Awards of Excellence
Ontario Bar Association – Award of Excellence in Alternative Dispute Resolution
Resolution in one or more of the following areas: academic excellence (teaching or
Resolution in one or more of the following areas: academic excellence (teaching or
publication); development of excellent ADR practices; enhancement of the practice of
ADR or its effective incorporation into the practice of law; leadership in the bar or the
government or the Law Society of Upper Canada or OBA in relation to ADR issues,
legislation and practice.legislation and practice.
Ontario Bar Association – Award of Excellence in Alternative Dispute Resolution
Resolution in one or more of the following areas: academic excellence (teaching or
Resolution in one or more of the following areas: academic excellence (teaching or
publication); development of excellent ADR practices; enhancement of the practice of
ADR or its effective incorporation into the practice of law; leadership in the bar or the
government or the Law Society of Upper Canada or OBA in relation to ADR issues,
legislation and practice.legislation and practice.
LEFT: Incoming OBA – ADR Section president Paul Jacobs (right) presents Award of Excellent to
Rick Weiler
RIGHT: Rick shares a special moment with past Award of Excellence recipients (left to right)
Barbara Landau, Genevieve Chornenki and Don Short.
Rick Weiler
RIGHT: Rick shares a special moment with past Award of Excellence recipients (left to right)
Barbara Landau, Genevieve Chornenki and Don Short.
"Thank you Paul [Jacobs] for those kind comments and for keeping your part of the
bargain. We had agreed that Paul would shower me with excessive and clearly
exaggerated flattery (to help deal with my self-esteem issue following the recent debate
with Barry Fisher) and, in return, I would try – try, mind you - to keep my remarks within the
time limit allotted.
The achievements of the OBA ADR Section since its founding is a long and impressive
list. I am proud to have played a small role in the past and look forward to the opportunity
for continued contribution.
I ask you to appreciate that it is a daunting task to accept an Award of Excellence in the
presence of so many who know the truth of the matter. Still, as my wife and partner Tsion
has reminded me, there is a significant distinction between “Excellence” and “Perfection”.
Acceptance of this Award is for me an occasion to say thank you to those who have
contributed to me appearing before you today. The list is much too long for the time
allotted but I ask your indulgence as I mention a few.
My wife, Tsion – she is a full partner in my practice and in my life. Tsion has helped me to
understand that excellence is also about balance and recognizing the blessings of life
each day.
Rick Russell – I have been blessed to learn from many – including many in this room –
but no one has taught me more about the art and science of ADR than Rick Russell.
When Rick called me to ask if I would allow him to put my name in nomination for this
award it was one of the happiest days of my life.
Gary Furlong – I worked closely with Gary at Agree Inc. and was invariably impressed and
motivated by his energy and dedication that is well known to all present here today.
Bob Birt – The former president of Canadian Institute for Conflict Resolution in Ottawa
who gave me a chance to teach mediation skills in a training workshop setting.
Rob Nelson – Former executive director of the ADR Institute of Canada and partner at
Gowlings who gave me my first chance on the international stage during our ADR Project
in Russia
Allan McGirr – my long time friend, mentor and coach who has helped me in my practice
in so many ways.
Dave McNabb and Glenn Blaylock – two visionaries at the Royal Bank who gave me a
chance to help with what was, at that time, a ground breaking ADR project.
Ellen Zweibel – Vice Dean at U of O Law School who gave me a chance teaching an ADR
Seminar there.
Carole Houk – Carole also gave me a chance – I think because I observed a “Please
Wait To Be Seated” sign - to do some of the most fascinating work of my career to date at
the Pentagon. You may imagine the challenges involved in designing a “War Game” to
simulate a mediation!
Each of the over 1500 lawyers in the Province of Ontario who has given me a chance to
mediate a case for them.
As I look around the room I am well aware that this is not the time for a homily on
Excellence. Not only would I be preaching to the choir, but it is a choir that may be overly
prone to considering the source.
Still, I am drawn to Aristotle’s oft quoted observation that “We are what we repeatedly do.
Excellence then is not an act but a habit.” As I reflected on this honour it occurred to me
that I have strived and continue to strive to develop certain habits that I believe make me
more effective as a mediator. And while I clearly fall short of the consistent observation of
these habits I thought it appropriate to mention them here.
Habit of “Yes, and.....” We live in an “either / or world” where we are constantly told you’re
either with us or against us. Effective dispute resolution challenges us to understand the
complexity of the world and take a “yes, and…” approach.
Habit of “Genuine Curiosity”. I’ve found that as a mediator I must constantly remind
myself that I simply don’t know. I don’t know the deep needs and concerns of the people I
work with in mediation. I must be genuinely curious about those needs and concerns as
the first step to assisting them to find solutions to adequately address them.
Habit of “High Expectations” My experience not only as a mediator but in life generally has
been that people and events rise or fall to meet your expectations. I am keenly aware that
tat the list of people I thanked a few moments ago has at least one thing in common.
They had high expectations for me (and they let me know it – often in no uncertain terms).
We need to create more opportunities to have high expectations for others combined with
the faith that they will rise to those expectations.
I’ve mentioned these three habits not to try to teach anything to this group, but rather to
encourage all of us to share our own habits of excellence with one another and to
preserver in the observation and development of these habits.
In conclusion let me say that I am keenly aware that receipt of such an award does not
mark the commencement of a period of resting on one’s laurels. Rather, for me, it has
been a welcome occasion to reflect on the past, but, more importantly to recommit and
rededicate to a spirit of excellence for the exciting journey that stretches in front.
Thank you."
bargain. We had agreed that Paul would shower me with excessive and clearly
exaggerated flattery (to help deal with my self-esteem issue following the recent debate
with Barry Fisher) and, in return, I would try – try, mind you - to keep my remarks within the
time limit allotted.
The achievements of the OBA ADR Section since its founding is a long and impressive
list. I am proud to have played a small role in the past and look forward to the opportunity
for continued contribution.
I ask you to appreciate that it is a daunting task to accept an Award of Excellence in the
presence of so many who know the truth of the matter. Still, as my wife and partner Tsion
has reminded me, there is a significant distinction between “Excellence” and “Perfection”.
Acceptance of this Award is for me an occasion to say thank you to those who have
contributed to me appearing before you today. The list is much too long for the time
allotted but I ask your indulgence as I mention a few.
My wife, Tsion – she is a full partner in my practice and in my life. Tsion has helped me to
understand that excellence is also about balance and recognizing the blessings of life
each day.
Rick Russell – I have been blessed to learn from many – including many in this room –
but no one has taught me more about the art and science of ADR than Rick Russell.
When Rick called me to ask if I would allow him to put my name in nomination for this
award it was one of the happiest days of my life.
Gary Furlong – I worked closely with Gary at Agree Inc. and was invariably impressed and
motivated by his energy and dedication that is well known to all present here today.
Bob Birt – The former president of Canadian Institute for Conflict Resolution in Ottawa
who gave me a chance to teach mediation skills in a training workshop setting.
Rob Nelson – Former executive director of the ADR Institute of Canada and partner at
Gowlings who gave me my first chance on the international stage during our ADR Project
in Russia
Allan McGirr – my long time friend, mentor and coach who has helped me in my practice
in so many ways.
Dave McNabb and Glenn Blaylock – two visionaries at the Royal Bank who gave me a
chance to help with what was, at that time, a ground breaking ADR project.
Ellen Zweibel – Vice Dean at U of O Law School who gave me a chance teaching an ADR
Seminar there.
Carole Houk – Carole also gave me a chance – I think because I observed a “Please
Wait To Be Seated” sign - to do some of the most fascinating work of my career to date at
the Pentagon. You may imagine the challenges involved in designing a “War Game” to
simulate a mediation!
Each of the over 1500 lawyers in the Province of Ontario who has given me a chance to
mediate a case for them.
As I look around the room I am well aware that this is not the time for a homily on
Excellence. Not only would I be preaching to the choir, but it is a choir that may be overly
prone to considering the source.
Still, I am drawn to Aristotle’s oft quoted observation that “We are what we repeatedly do.
Excellence then is not an act but a habit.” As I reflected on this honour it occurred to me
that I have strived and continue to strive to develop certain habits that I believe make me
more effective as a mediator. And while I clearly fall short of the consistent observation of
these habits I thought it appropriate to mention them here.
Habit of “Yes, and.....” We live in an “either / or world” where we are constantly told you’re
either with us or against us. Effective dispute resolution challenges us to understand the
complexity of the world and take a “yes, and…” approach.
Habit of “Genuine Curiosity”. I’ve found that as a mediator I must constantly remind
myself that I simply don’t know. I don’t know the deep needs and concerns of the people I
work with in mediation. I must be genuinely curious about those needs and concerns as
the first step to assisting them to find solutions to adequately address them.
Habit of “High Expectations” My experience not only as a mediator but in life generally has
been that people and events rise or fall to meet your expectations. I am keenly aware that
tat the list of people I thanked a few moments ago has at least one thing in common.
They had high expectations for me (and they let me know it – often in no uncertain terms).
We need to create more opportunities to have high expectations for others combined with
the faith that they will rise to those expectations.
I’ve mentioned these three habits not to try to teach anything to this group, but rather to
encourage all of us to share our own habits of excellence with one another and to
preserver in the observation and development of these habits.
In conclusion let me say that I am keenly aware that receipt of such an award does not
mark the commencement of a period of resting on one’s laurels. Rather, for me, it has
been a welcome occasion to reflect on the past, but, more importantly to recommit and
rededicate to a spirit of excellence for the exciting journey that stretches in front.
Thank you."
