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In January of 1999, Ontario Province introduced the Mandatory Mediation Program as a court process alternative for individuals that were involved in lawsuits. By using this program, businesses and individuals alike will save the money and time that is normally involved in lawsuits. While the program is commonly employed in the Ontario Superior Court of Justice system, it doesn’t apply to Family Law and Small Claims cases.
Under the Mandatory Mediation Program in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area, you are required to file pleadings with the court that includes the following:
- any 3rd party claims
- any counterclaims
- Statement of Claim
- Statement of Defense
Once this part of the process is completed, the parties involved will be scheduled for a mandatory mediation session.
Choosing a Mediator
Both parties have 30 days from the time the claim was filed to choose a mediator from a list of qualified mediators from the private sector. The local area mediation committee is responsible for establishing this list. When the parties involved cannot agree on the mediator for their session, one will be appointed for them by the mediation coordinator of their local area. Depending on where your session is scheduled, it could be held in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area.
How long do Mandatory Mediation Sessions last?
The minimum length of time for a mandatory mediation to last is 3 hours. However, the length and number of sessions required a number of different factors including:
- how complex your case is
- how well-prepared each party is for the session
- the extent of their progress in settlement negotiations
- whether or not the mediation process will work
Interestingly enough, neither party is required to continue mediating for over 3 hours. Furthermore, if the mediator chooses to do so, he or she can terminate the mediation session before the 3-hour mark if they determine that mandatory mediation is not working or if the parties reach a settlement.
If after 3 hours of mediating the parties have not agreed to resolve their problems, they can make arrangements with the mediator to conduct additional sessions provided they feel like continuing the mandatory mediation process.
Cost of Mandatory Mediation
No matter how many parties are involved in a mediation session, they each share an equal percentage of the costs involved. The Provincial Government sets the court-ordered fees that are charged. These fees pay for a 1-hour preparation session and 3 hours of mediation. These fees oftentimes vary and depend on the number of people that are involved in the session. They typically range from $600 up to $825. If the amount quoted for session fees exceeds that amount, the parties involved must agree on that amount prior to the start of the session. That is why you need to have a good lawyer in your corner to take care of your interests.