1. Agreement of Parties
2. Initiating Mediation
3. Mediation Briefs
4. Selection of Mediator
5. Attendance at Mediation
6. Agreement to Mediate
8. Without Prejudice
9. Compellability of Mediator
10. Immunity of Mediator and Canadian Mediation Association
12. Termination of Mediation
1. AGREEMENT OF PARTIES
1.1 These Rules, and all amendments to them, shall be deemed to have been made a part of any agreement which provides for mediation with Canadian Mediation Association.
1.2 Subject to approval by Canadian Mediation Association, these Rules may be varied at any time by agreement.
2. INITIATING MEDIATION
2.1 Any party may initiate mediation by contacting Canadian Mediation Association and booking an appointment.
2.2 The party booking the appointment should contact the other party or parties and provide the other party with the particulars of the appointment.
2.3 Each party to the mediation is responsible for notifying Canadian Mediation Association about a cancellation or change of the appointment date.
3. MEDIATION BRIEFS
3.1 All parties should prepare a mediation brief setting out:
1. An outline of the facts
2. The issues in dispute
3. Relevant expert reports, if any
4. Legal arguments and important case law
5. The party’s suggestion as to how the dispute should be resolved
6. A summary of settlement discussions held prior to the mediation
7. Essential documents
3.2 Mediation briefs should be exchanged between the parties and a copy should be delivered to Canadian Mediation Association at least ten days before the mediation date.
4. SELECTION OF MEDIATOR
4.1 The parties may agree on a mediator from the panel of mediators at Canadian Mediation Association.
4.2 If requested, Canadian Mediation Association will suggest mediators based on the type of issue in dispute.
4.3 If requested by all parties, Canadian Mediation Association will appoint the mediator for the parties.
5. ATTENDANCE AT MEDIATION
Parties with authority to settle the dispute should attend the mediation with their lawyers. If they cannot attend, parties with authority should be available by phone. Others who may assist the process may also attend on consent of all parties and the mediator.
6. AGREEMENT TO MEDIATE
Prior to the commencement of the mediation, everyone attending the mediation should execute the Agreement to Mediate, a sample copy of which is in Appendix A. The agreement may be modified on consent of all parties and the mediator.
Communications made at mediations are confidential and should not be disclosed to people who are not parties to or attending the mediation.
8. WITHOUT PREJUDICE
Communications made at mediations are made without prejudice.
9. COMPELLABILITY OF MEDIATOR
Neither the mediator nor any of Canadian Mediation Association’s employees will be compelled to appear as a witness or expert in any proceeding involving any one or more of the parties or relating in any way to the subject matter of the mediation.
10. IMMUNITY OF MEDIATOR AND CANADIAN MEDIATION ASSOCIATION EMPLOYEES
Canadian Mediation Association and its employees, agents, and subcontractors including the mediator, shall not be liable to any party or representative for any act or omission in connection with any mediation. The mediator shall have the same immunity as that granted to a Superior Court Judge of the location where the mediation is conducted and where the mediator is domiciled.
Each party should be prepared to make a brief opening statement explaining that party’s perspective on the dispute. The mediator may caucus privately with any party during the mediation. Any party may request a private caucus with the mediator.
12. TERMINATION OF MEDIATION
The mediation will end:
by agreement between the parties; or
if a settlement is reached by the parties; or
if the mediator is of the view that the mediation ought to be terminated.
13.1 The parties agree to pay the applicable fees and disbursements of Canadian Mediation Association as set out in the confirmation letter.
13.2 The parties and their lawyers are jointly and severally responsible for the payment of the account rendered by Canadian Mediation Association. The parties may agree between them as to how the account of Canadian Mediation Association will be paid, but remain jointly and severally liable to Canadian Mediation Association for the entire account if the account is not paid in full.