A Emmink Professional Corporation, Mediation Services

When we conduct a mediation – whether mandatory or otherwise – we like to ensure that the parties have a good understanding well in advance of what to expect. We encourage counsel to review the general terms and conditions set out below, with their clients prior to the mediation. Any questions or concerns stemming from this review can be addressed at any time prior to or on the day of the mediation.

1. The mediator is a neutral facilitator who will assist the parties to reach their own settlement. The mediator does not offer legal advice.

2. The parties present at the mediation session will have full, unqualified authority to reach a settlement in this matter.

3. The successful outcome of the mediation depends on open, honest communication between the parties. For this reason, all written and oral communications, negotiations and statements made in the course of the mediation will be treated as without prejudice settlement discussions and are absolutely confidential. Because of this:
(a) The mediator will not, subject only to the requirement for the mediator to report outcomes pursuant to Rule 24.1.15, reveal anything discussed in the mediation without the permission of the parties;
(b) The parties agree that they will not call the mediator as a witness in any legal or administrative proceeding concerning the dispute.
(c) The parties agree not to subpoena or demand the production of any records, notes, work product or the like of the mediator in any legal or administrative proceeding concerning the dispute.

4. Full disclosure of all relevant and pertinent information is essential to the mediation process. Accordingly, there will be complete and honest disclosure by each of the parties to the other and to the mediator of all relevant information and documents

5. While the parties intend to continue with mediation until a settlement is reached, it is understood that any party may withdraw from mediation at any time. If any party decides to withdraw from mediation, this decision will be discussed in the presence of all parties and the mediator..

6. If the mediator determines that it is not possible to resolve the issues through mediation, the mediator has the right to terminate the process.

7. Where a settlement is reached the parties and their counsel will carry out the terms of the settlement as soon as possible.
8. Once a date for the mediation has been agreed to, a cancellation or postponement occurring within 7 business days of the scheduled mediation date may be subject to a fee of $300 plus any disbursements incurred by the mediator. Any such cancellation / postponement fees will be apportioned equally between the parties.
9. The parties will share equally, the mediator’s fees and the cost of facilities to host the mediation.

10. In the event the time spent in the mediation exceeds three hours, the parties agree to pay the mediator further fees in the amount of $100 per party per hour or part thereof. The parties also agree to pay such additional costs for the mediation facilities as may be incurred.