Mediation

Our mediators believe in interest-based mediation. They do not impose their views on parties. They assist parties in considering options for settlement. Mediation is assisted negotiation and negotiation involves risk management. Throughout their legal careers, our members have faced all the challenges and risks that lawyers face today in representing parties in settlement negotiations. As counsel, in the past, they acted for both plaintiffs and insurers. They represented opposing corporate entities and individuals in disputes. Now, as mediators, performing a neutral function, our mediators use their years of experience to help parties consider best and worst alternatives involved in arriving at a negotiated settlement. Our members facilitate discussion of settlement based on experience.

Fees

Our Mediators have their own separate rates for mediation services based on full and half day sessions and hourly rates for overtime when needed or for extraordinary preparation.

Please contact Marjorie Coe, co-ordinator, for the rates of the Mediator chosen.

Disbursements and HST

The account for Mediation services will include any disbursements incurred by the Mediator or COE ADR MANAGEMENT in connection with the Mediation.

HST is added to fees and disbursements where applicable.

Delivery of Briefs

Briefs for the Mediation are to be delivered directly to the Mediator and not to COE ADR MANAGEMENT. The co-ordinator will provide specific instructions to counsel as to where and how the briefs should be delivered.

Time for Delivery of Briefs

To allow the Mediator time to read briefs, please deliver your brief at least 5 days in advance of the date set for the Mediation. Mediators will not be able to properly read a brief if it arrives the day before the date set for Mediation.

The Mediation Day

A full day mediation session will begin at 10:00 a.m. and conclude at 5:00 p.m. unless otherwise mutually agreed between the parties and the Mediator.

A half day mediation, if conducted in the morning, will begin at 10:00 a.m. and conclude at 1:00 p.m.

If conducted in the afternoon, the mediation will begin at 2:00 p.m. and conclude at 5:00 p.m.

Overtime

If overtime is requested for a morning or afternoon mediation and if the mediator can accommodate the parties, the mediator will charge based on an hourly rate.

Venue Arrangements

The co-ordinator will be pleased to assist in making arrangements for the venue and confirming the arrangements with the parties and the venue provider.

Please note that while there is no charge by the co-ordinator for this service, COE ADR MANAGEMENT, in making arrangements with the venue provider, does so solely as an agent of the parties and such expenses will be added as disbursements to the account rendered to counsel for the parties.

Responsibility for Payment of Mediator and Venue Provider

The parties and their counsel shall be jointly and severally responsible for the payment of the account of the Mediator and the Venue Provider as rendered by COE ADR MANAGEMENT.

Mediation Agreement

At the commencement of the Mediation, the parties and counsel will execute a Mediation Agreement and may agree at that time (or by amendment of the Mediation Agreement at the conclusion of the Mediation) as to how the account shall be paid. However, counsel and the parties remain jointly and severally liable to COE ADR MANAGEMENT and to the Mediator if the account is not paid in full.