Mediation\u00a0is a dispute resolution process where an impartial third party called a \u201cmediator\u201d assists disputing parties in resolving conflict using specialized communication and negotiation techniques. A mediator canvasses the legal issues with parties and attempts to manage parties\u2019 legal positions and expectations so that parties are more likely to settle. All participants in mediation are encouraged to actively participate in the process. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties.<\/p>\n
Chances are, if you are suing your former employer for wrongful dismissal in the Superior Court or you have filed a complaint with the Ontario Labour Relations Board <\/em>(\u201cthe Board\u201d) pursuant to the Occupational Health and Safety Act<\/em><\/a>, you will undergo some form of mediation. That is because Ontario\u2019s Rules of Civil Procedure <\/em>(\u201cthe Rules\u201d) provide that a mandatory mediation session is to be held for actions commenced in certain counties (i.e. Toronto and Ottawa). Not surprisingly, the courts in these counties are the busiest in the Province, and the mandatory mediation program is meant to offload some cases from the judicial docket, so as to facilitate the use of valuable judicial resources more efficiently. Per Rule 24.1, where mandatory mediation is required, a session has to be held within 180 days after the first defence has been filed.<\/p>\n Parties have the power of choosing a mediator from the \u201cmediation roster,\u201d which is a list of mediators that charge a standard rate. Before setting an action down for trial, one of the parties must file a notice stating the mediator\u2019s name and the date of the mediation session. The parties and their lawyers (if the parties are represented) are required to attend the mediation session.<\/p>\n