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Ontario|Personal Injury / LawsuitsGeneral 469 Mandatory Mediation The Mandatory Mediation Program was introduced in Ontario in 1999. The pilot project will be tested first in Toronto and Ottawa. The purpose of the Mandatory Mediation Program is to provide those involved in a lawsuit with an alternative to the traditional court process. By using mandatory mediation, it is anticipated that the individuals and businesses involved in lawsuits will save both time and money. The Mandatory Mediation Program is used in the Superior Court of Justice and does not apply to Small Claims Court matters and some family law cases.
After the pleadings have been filed with the court, which include the Statement of Claim, the Statement of Defence, and any Counter Claims or Third Party Claims, the parties will be referred to a mandatory mediation session.
The parties will then have to select a mediator from a roster of qualified private sector mediators established by a local Mediation Committee. The parties will be required to attend and pay for a minimum three hour mediation session. The mediator's fees cannot exceed $300 for the first three hour session and the costs are to be divided equally between the parties. Those who cannot afford the mediation fees can access the mediation services by obtaining a legal aid certificate or by meeting the Ministry of the Attorney General's financial eligibility test.
If the parties have not resolved their problem at the end of the three hour mediation, but feel that they would like to continue with mediation, they may make arrangements for further mediation sessions directly with the mediator. Costs of mediation sessions beyond the initial three hour session, must be agreed to by the parties and the mediator before the first mediation session. Even if the case does not settle at the mandatory mediation session, the parties may at any time voluntarily pursue a subsequent mediation session anytime before trial.
Cases that do not settle during mediation will continue in the traditional litigation process.
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