ABOUT

KATHRYN PODREBARAC

Background

Following my call to the Ontario bar in 1994, I began my career on Bay Street at a large national firm where I practiced civil litigation and class actions for several years. Embracing my parents’ entrepreneurial spirit, I later founded two leading litigation boutiques, the most recent being Podrebarac Barristers Professional Corporation, which has been consistently recognized by LEXPERT as “repeatedly recommended” for corporate commercial litigation in Toronto. My passion for resolving disputes led me to pursue extensive mediator training with top mediators and, eventually, a career as a mediator.   In April 2017, I established Podrebarac Mediation.* I was inducted into the Canadian Academy of Distinguished Neutrals in 2022. I devote my practice to acting as a mediator and completing my work on two class actions.

Experience and Expertise

In over 30 years of practice, I have always acted for both plaintiffs and defendants, even in class actions. I have been privileged to act for some of Canada’s largest public companies in litigation involving billions of dollars, small family-run businesses in bet-the-company litigation, as well as a wide array of individuals, from top corporate directors to sick people on social assistance. While the types of cases and clients have been quite diverse, common to each was the need to build trust, rapport and connection. I use this essential skill as a mediator.

I have expertise in several areas of the law. Complex commercial cases and class actions have been the cornerstones of my practice, but over the years I developed expertise in many other areas which you can read about in the Expertise section of this website.

I also know “the system”.   In addition to litigating before every level of the courts in Ontario and the federal courts, I have appeared before the superior courts of every province in Canada west of Nova Scotia and several courts of appeal. In 2016, four of my cases were resolved in my clients’ favour at the Supreme Court of Canada. But, for every case that I have litigated or arbitrated, I have successfully resolved dozens more.

A Skilled Mediator Trained By The Best

Settling complex disputes through well-honed negotiation skills for more than three decades has given me tremendous insight into how to facilitate the parties’ negotiation in a mediation. I have also devoted myself to learning the craft of great mediators by undertaking extensive training with leading mediators at Harvard Law School and the top-ranked Straus Institute for Dispute Resolution at Pepperdine University School of Law in California. In addition, I have learned and practised the latest techniques for breaking deadlocks in negotiations, dealing with difficult people, and facilitating multi-party negotiations at specialized courses I have taken through the Program on Negotiation at Harvard Law School. I have also completed Advanced Commercial Mediation Training.

Professional Involvement

I have served as a director of The Advocates’ Society and on the executive of the Civil Litigation and the Class Actions Sections of the Ontario Bar Association. I was a founding director of the Canadian Branch of the Chartered Institute of Arbitrators, an international centre for excellence for alternative dispute resolution based in London, England.

For many years I have chaired conferences and spoken extensively at continuing legal education programs for The Advocatesʼ Society, the Ontario Bar Association, Osgoode Professional Development and others. The Law Society of Upper Canada has invited me to speak on legal ethics and professionalism issues at several of its programs. A list of my more than 70 speaking, teaching and mentoring engagements can be found  here.

EDUCATION and TRAINING

  • LL.B, Osgoode Hall Law School
  • Certificate in Mediating Disputes, Harvard Law School Executive Education
  • Certificate in Advanced Mediation of Complex Disputes , Harvard Law School Executive Education
  • Certificate in Mediating the Litigated Case, Pepperdine University School of Law, Straus Institute for Dispute Resolution
  • Certificate in Negotiation and Leadership: Dealing with Difficult People and Problems, Harvard Law School, Program on Negotiation
  • Certificate in Negotiating the Impossible, Harvard Law School, Program on Negotiation
  • Certificate in Advanced Commercial Mediation Training, New York State Bar Association
  • Certificate in Adjudication for Administrative Agencies, Boards & Tribunals, Society of Ontario Adjudicators and Regulators (SOAR) and Osgoode Professional Development
  • Certificate in Entertainment Law, Osgoode Hall Law School Professional Development

PROFESSIONAL MEMBERSHIPS

  • The Law Society of Upper Canada
  • The Advocates’ Society
  • Canadian Bar Association
  • American Bar Association
  • Canadian Academy of Distinguished Neutrals

 

* All mediation services are provided through Podrebarac Barristers Professional Corporation.

EXPERTISE

These are some of the areas in which I have knowledge and expertise:

  • Contracts – all types
  • Commercial torts
    • conspiracy
    • unlawful interference with economic relations
    • inducing breach of contract
    • misappropriation of confidential information
    • misrepresentation and deceit
  • Breach of fiduciary duties
  • Directorʼs and officerʼs liability
  • Shareholder actions, including oppression remedy cases
  • Creditor oppression actions
  • Partnership Disputes
  • Bills of exchange
  • Appeals
  • Class Actions
  • Professional Liability/Negligence, including lawyers, accountants, financial advisors, insurance brokers, real estate agents and others
  • Insurance coverage and duty to defend disputes
  • Entertainment Law
  • Employment/Wrongful dismissal, including restrictive covenants such as non-competition and non-solicitation clauses
  • Sexual Harassment
  • Trademark infringement and passing off
  • Consumer protection legislation
  • Defamation
  • Unjust enrichment
  • Product Liability
  • Real Estate disputes, including commercial leases, failed transactions, rights of way, easements and equitable interests in land

My Approach

I only conduct online mediations using the ZOOM videoconferencing platform.

Prior to the mediation, I will convene a conference call with counsel to seek input on how the mediation can best be designed to meet the needs of the parties and the particular case. We will also address any pre-mediation issues.

Here are answers to frequently asked questions about my approach to mediations:

Mediation Briefs — Mediation briefs should be in PDF format and sent by email at least 10 days before the mediation to permit adequate preparation. There is no need to provide a hard copy to me. For suggestions on preparing an effective brief click here.

Dress Code — Business casual.

Joint Session — I typically begin the mediation with a joint session of all parties and their representatives. During this session, I present a PowerPoint I have prepared. It provides an overview of the case and the key issues in dispute based on my reading of the mediation briefs. I ask the parties and their counsel whether there are any other issues that should be addressed. I then move into caucus sessions with the parties.

Opening Statements — There are no opening statements by counsel or the parties.

Caucus Sessions — I do hold caucus sessions with the parties and their counsel. Typically, most of the mediation is conducted in caucus sessions following the initial Joint Session.

Participation of the Parties — In addition to discussing matters with counsel, in caucus sessions I also engage the parties directly in conversation and ask them questions.

Booking Info

Fees

Effective January 1, 2024, my fees for a 2 party mediation are as follows:

    Full day — 6 hours (includes up to 4 hours of preparation) – $10,000 (plus HST)

I only conduct mediations online using the ZOOM videoconferencing platform. I do not conduct half-day mediations.

I charge $900 per hour if the mediation extends beyond the allotted time. Due to other commitments, I cannot always continue a mediation past the allotted time, so please consult all parties about the length of the mediation prior to booking.

Please call me if your proposed mediation involves more than 2 parties or will take more than 1 full day, so that we may discuss adjustments to my fees for these circumstances.

Cancellation Fees — If a mediation is canceled 10 days or less prior to the scheduled mediation date, 50% of my fees are payable, jointly and severally, by all parties and their lawyers, unless they agree otherwise in writing. I will waive this cancellation fee if the mediation is rebooked and held with me in the next 3 months. A mediation may only be rescheduled once.

Note — Lawyers are jointly and severally liable with their clients for my fees.

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MEDIATION BRIEFS

6 Tips for Creating an Effective Mediation Brief

Your mediation brief sets the stage for negotiations. Here are 6 tips for creating an effective brief aimed at enhancing your negotiating position. 1. Draft...

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CONTACT

KATHRYN PODREBARAC

416.568.1299

kp@PodrebaracMediation.com

402-1246 Yonge Street, Toronto, ON  M4T 1W7