![]() |
Application
for Mediation Services
A party to the dispute may request the assistance of the Centre to try
to settle the dispute using mediation by delivering a completed application
form and the required application fee to the Centre. Upon receipt of both the
form and the fee, the Centre will contact the other party (or parties) or his
or her counsel, and discuss the potential for resolving the dispute through
mediation. The Centre will explain the process thoroughly and illustrate the
advantages of this “no risk” mechanism to resolve disputes quickly, efficiently
and inexpensively.
Agreement
to Mediate
When the parties have agreed
to a mediation conference they will be asked to become parties to an Agreement to Mediate which will help to
ensure that the parties understand what is expected of them throughout the
mediation conference and thereafter.
Appointment
of Mediator
The Centre will appoint a
mediator who is independent and impartial in the matter. The mediator shall
provide the Centre with a statement verifying that he or she has no interest in
the outcome of the case, shall disclose any past involvement with any of the
parties or their affiliates, and shall advise whether he or she intends to be
professionally involved with such parties in the future.
Time
and Place of the Mediation
The Centre will set the
date, time and place of the mediation conference after consultation with the
parties. The parties may choose to hold the mediation at offices of their own,
or ask the Centre to book a neutral location.
Communications
Communications between the
mediator and the parties prior to the mediation conference are generally
discouraged; they should be made through the Centre.
Pre-Conference
Preparation
Each party should prepare a brief (2 to 3 page) summary of the issues,
relevant facts and current status of the dispute. These summaries should be
sent to the Centre several days prior to the mediation conference in order for
the mediator to review them. The Centre encourages the parties to exchange
these summaries between themselves.
Process
At the mediation conference,
each party should be prepared to make a brief oral statement explaining his or
her perspective. Each party is expected to participate in the structured
negotiations with the active assistance of the mediator. Each party should
bring any documents needed in order to effectively negotiate. These documents
will also be helpful to the mediator to understand the case but can be kept
confidential on request and, in that event, will not be revealed to the other
party. The mediator may caucus privately with each party during the mediation
conference if he or she considers that it will assist the process. Any party
may request a private caucus with the mediator at any time. Each party should
cooperate in good faith with the mediator. Each party should make every effort
to attend a scheduled conference and should cooperate to avoid any unnecessary
delays.
Necessary
Parties
All parties should be
present at the mediation conference. The goal of the mediation is to reach an
agreed upon settlement which requires the presence of the individuals with the
requisite authority to agree to the settlement terms and conditions.
Evidence
Oral evidence other than
that of the parties to the dispute is not encouraged at the mediation
conference. The mediator may allow witnesses to give evidence. The expenses of
any witness shall be paid by the party producing the witness.
Representation
A party may be represented at a mediation conference by counsel or
another representative and if so represented may request an opportunity to meet
privately with his or her representative at any time during the conference.
Resort
to Other Proceedings
No party should initiate or
continue any arbitral or judicial proceedings in respect of the dispute that is
the subject matter of the mediation unless it is necessary for a party to
preserve his or her rights.
Record
No transcript shall be kept
of the mediation conference.
Confidentiality
The mediator, the parties, their
counsel or representative and the Centre shall keep all matters relating to the
mediation confidential except where disclosure of a settlement agreement is
necessary for purposes of implementation or enforcement of that agreement.
Translation
Services
The Centre will arrange
translation of the mediation conference at the reasonable request of a party or
of the mediator. The cost shall be billed directly to and be borne equally by
both parties.
Adjournment
The mediator may adjourn a
mediation conference at any time.
Withdrawal
Either party may withdraw
from the mediation at any time without providing a reason.
Settlement
Agreement
All settlement agreements reached should be reduced to writing and
signed by the parties. If the parties are unrepresented, the mediator may
suggest that the parties seek independent legal advice before a settlement
agreement is signed.
Recommendation
The parties may at any time
before a mediation is concluded request in writing that the mediator make a
non-binding recommendation of settlement.
The mediator, at his or her discretion, may provide such a
recommendation.
Subsequent
Proceedings
The mediator shall not act
as a representative or counsel of a party in proceedings in respect of a
dispute that is the subject matter of the mediation. The mediator shall not be
subpoenaed to give evidence as a witness in any such proceedings nor shall he
or she give such evidence unless ordered to do so by an authorized tribunal.
The parties shall not rely on or introduce as evidence in any arbitral or
judicial proceedings, whether or not such proceedings relate to the dispute
that is the subject matter of the mediation,
a) any view expressed, or
suggestions made, by the other party in respect of a possible settlement; or
b) any admissions made by
the other party in the course of the mediation; or
c) any proposals or
recommendations made by the mediator unless the parties have, in writing,
agreed otherwise.
All communications relating
to the mediation are “without prejudice”.
Fees
All fees shall be borne equally by the parties attending the mediation
unless they agree otherwise in writing. The Centre charges a nominal
administration fee. Additional charges include the mediator’s hourly fees and
room rental charges, if any. Please call the Centre at (604) 684-2821 or refer
to the appropriate fee schedule for rates.