HOWARD WINKLER is the founder and principal of Winker Dispute Resolution.
With over 30 years of problem-solving experience, Mr. Winker established Winkler Dispute Resolution as a means of assisting parties to resolve their disputes through negotiation, mediation and advocacy.
Mr. Winkler has a well-deserved reputation in the Ontario legal community for good judgment and his practical, fair approach to conflict resolution. Mr. Winkler has been a Certified Specialist in Civil Litigation for most of his career.
While in private practice, Mr. Winkler regularly represented both plaintiffs and defendants in complex factual and legal disputes both at trial and at all levels of Appeal.
Prior to establishing Winker Dispute Resolution, Mr. Winkler was a Senior Partner at a major Toronto Law Firm.
Mr. Winkler is Harvard Law School trained in dispute resolution and negotiation.
Mr. Winkler now limits his litigation practice to cases and causes which he feels are of public importance or advance the law in areas of interest to him. This includes disputes in the areas of libel, slander and reputation management.
Mr. Winkler has assembled a talented team of associates and clerks who allow him to represent clients in matters of any complexity and size.
Acting as a Mediator has become Mr. Winkler’s passion. This is now the main focus of his practice. He has developed a unique Risk Management approach to mediation which recognizes the benefit to the parties of retaining control over the dispute resolution process, rather than exposing themselves to the uncertainty of having strangers (arbitrators, Judges or a Jury) decide their fate.
The cost of litigation has become prohibitive and in this circumstance, the uncertainty of outcome unacceptable. Each party believes they will prevail, but in reality, absent a settlement, there will only be one winner. It is accordingly important to attempt to settle disputes before the costs incurred make settlement more difficult to achieve. We can help you and your clients achieve this goal.
At Winkler Dispute Resolution we take a Risk Management Approach to mediation which recognizes the benefit to the parties of retaining control over the dispute resolution process, rather than exposing themselves to the uncertainty of having strangers (arbitrators, Judges or a Jury) decide their fate. This approach focuses on 4 critical stages of the mediation process:
- The importance of counsel sufficiently preparing their client for the mediation process, including the setting of realistic expectations and consideration of a range of settlement scenarios.
- Under the right circumstances, the unique opportunity of counsel to speak directly to the adverse party during a strategic opening statement.
- With the benefit of the Mediator’s experience and preparation, providing to the parties a confidential reality check in relation to the benefits of settlement versus what lies ahead in the absence of settlement.
- If the parties seem unable to successfully negotiate a settlement with each other, having the Mediator to take control of the process through confidential Mediator Offers.
I have developed a number of mediation and negotiation focussed Professional Development Training Programs which qualify for LSUC CPD credit, including one which has been certified for 1 hour of the Professionalism requirements. These Programs include, “10 Rules for Effective Mediation” and “Ethics and Professionalism in Negotiation.” I have run these programs for firms of all size. Please contact me if you would like me to run a complimentary CPD Program for your firm.
Winker Dispute Resolution provides a wide range of commercial, civil and tax litigation services focussed on finding solutions to the client’s legal issues.
Litigation is but one tool available to resolve disputes. Your business and personal needs are always our priority. Given the inherent risks and costs associated with going to trial, strategic dispute resolution is always our priority. However, when the need and circumstances dictate, you can rely on our over 30 years of trial experience to ensure the best possible representation before all levels of Court.
“I have had the pleasure of litigating and mediating with Mr. Winkler over the past several years. He is an extraordinary advocate, reasonable and applies principled judgment to each dispute. His considerable skills serve him well as a mediator. His active listening skills are profound and he is patient and works very well with difficult parties and their lawyers.”
“For the longest time Howard has been a very skilled and highly sought after litigator. He brings his finely honed analytical skills to the role of mediator – a role he is fully conversant with, both by academic training and by experience.”
“In the almost 30 years he’s been a lawyer, Howard has, with great success, handled complex commercial, tax and defamation cases. He is truly a lawyer’s lawyer. I have referred work to him. He has handled this referral work expertly and with excellent results.”
“I have been impressed with Howard’s grasp of difficult concepts of dispute resolution and with his knowledge of what is required to move from discord to settlement.”
“Howard has a highly developed sense of ethics and morality which infuse the mediated settlement of disputes. He has never sacrificed this ethical morality on the altar of litigation expediency. There are few lawyers who I can say adhere to these principles.”
“He never fails to identify the nuances and subtleties of what is going on.”
“I cannot think of anyone who brings greater skill, knowledge, excellent judgment and a true caring for people to the job of mediator. He doesn’t just ‘talk the talk’ – but he ‘walks the walk”.