Proactive Litigation
Management  Resolution

OUR EXPERTISE

A broad range
of experience and qualifications.

Legal Services

As a longstanding defence counsel for numerous large insurance companies and self-insured entities, Thomas Percival has acquired a broad range of expertise, gaining significant experience in legal defence – including actual trial experience – in the following practice areas within Commercial & Personal Lines Property and Casualty Insurance:

-  Occupiers’ Liability Act claims (slip/trip and fall incidents)
-  Disablity Claims
-  Automobile Insurance (Bodily Injury & Accident Benefits) claims
-  CGL litigation
-  Product Liability claims
-  Tavern/Social Host Liability claims
-  Homeowners Insurance claims
-  Dog Owners’ Liability Act claims
-  Subrogation claims (fire and water losses, other property      damage, theft, etc.)
-  FSCO and WSIB tribunal matters
-  Power Sports Insurance claims
-  Insurance Fraud
-  Directors & Officers Liability claims 
-  Coverage Disputes & Opinions

That broad range of experience is of course transferrable to the medaition context, providing Thomas Percival with a solid arsenal of tools with which to mediate the disputes of others.


Mediation Services

Why Percival Law Mediation is different.

In August 2019, Thomas Percival expanded his expertise by completing the Mediation for Professionals course offered through Kompass Professional Development at Herzing College, which certifies him to mediate disputes brought before him by others. The following are a few of the advantages to using Percival Law Mediation Services: 

1. A proactive and balanced approach

The proactive approach Thomas Percival uses on the files he handles as a lawyer emphasize pre-discovery settlement. Drawing on this experience, Thomas Percival is able to effectively assist parties in adopting and implementing mediation. Mediation is an approach that allows for settlement well before a case spirals out of control, the parties become too entrenched in their positions, and the dispute escalates to the point that trial is seen as the only remaining outcome — replete with additional time, expense and risk.

 

Further, having worked as a lawyer representing both plaintiffs and defendants in numerous personal injury, commercial loss and contractual disputes over the past 25 years, Thomas Percival has a balanced, impartial overview and understanding of disputes. Seeing the “bigger picture” from both sides of a dispute, he can assist in identifying the strengths and weaknesses of each side. This advantage means that Thomas Percival can encourage realistic concessions aimed at bridging the gap between the parties. He is imaginative and unconventional enough to assist parties to “think outside the box” while addressing their underlying interests, needs, fears and goals. Such thinking allows the parties to craft creative, mutually beneficial win/win solutions instead of the win/lose outcome guaranteed by trial. 


2. A dynamic, flexible and adaptive style

Thomas Percival alternates between evaluative and facilitative roles tailored to the unique nuances of a particular dispute. This entails a special sensitivity to the personalities of those involved. Fused together, these qualities maximize the prospect of resolution. Thomas Percival can promise an active, engaged mediation process — not the usual passive, paper pushing “shuttle mediation” that passes offers back and forth between parties lodged in separate rooms. Drawing on his broad past experience as a lawyer, Thomas Percival, as mediator, can be as evaluative and resourceful as the parties require or desire, offering input on strategies, concessions and assessments, which can help temper expectations and sharpen the appetite for settlement. 


3. An enjoyable experience 

Thomas Percival is a skilful but uncommon lawyer, with an easygoing, fun personality, intent on making the experience enjoyable for his clients. His longstanding working relationships with many lawyers and insurers will assist in creating a familiar but respectful dialogue between the parties at the mediation. Thomas Percival also promises that every dispute will be mediated with great tenacity and stamina. Even if settlement is not reached by the end of a mediation, he will encourage the continuation of dialogue, and make himself available to resume future settlement talks whenever possible. 


4. Accessible and accommodating

Thomas Percival resides in Oakville, Ontario and his law firm is located in Burlington, Ontario, but he is easily accessible and quick to accommodate, ready and pleased to travel throughout Ontario to mediate disputes. So as to avoid the expense of renting rooms to host a mediation, he offers his law firm’s modern boardroom as an alternative venue at no additional cost to clients. Further, Thomas Percival is current with technology and can efficiently and effectively host mediations remotely via Zoom. 


5. Experience and value

Thomas Percival offers great value as a fully trained mediator with an extensive legal background. His competitive rates are considerably less than those charged by his peers, and currently at the roster rate under the Ontario Mandatory Mediation Program pursuant to Rule 24.1 of the Ontario Rules of Civil Procedure. 



Click here to download our standard mediation services contract.



Percival Law Professional Corporation
3228 South Service Road, Suite 102
Burlington, Ontario L7N 3H8
T. 289.635.1985  F. 289.635.1986
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