Call Us Now

Blog

RULES OF CIVIL PROCEDURE 21.1: MANDATORY MEDIATION.

Posted On: August, 16 2017

Under the Ontario Rules of Civil Procedure 21.1, civil litigation trials in Toronto, Ottawa and Windsor are subject to the Mandatory Mediation Program. Under this program, actions that are subject to case management must be mediated by a private sector mediator whose goal is to assist the parties to find a mutually satisfactory resolution.

The parties to a trial have 30 days after the first defence is filed to agree on a mediator. If the parties cannot reach an agreement, the Local Mediation Coordinator will appoint a mediator. The mediation itself must take place within 90 days from the filing of the first defence unless the court rules otherwise or both parties consent to postpone the mediation for an additional 60 days.

Seven days before the mediation, the mediator must receive a Statement of Issues from all parties. All parties, including their lawyers, must attend the mediation. Moreover, these parties must either have the authority to settle the case or have ready telephone access to anyone whose approval is needed to settle. The parties are only obligated to attend for a total of three hours. However, if the parties reach an agreement or the mediator believes that the process is not constructive, the process may end early.

None of the information arising from the mediation can be used outside of the mediation for any court purpose. This rule encourages each side to present the facts in their case in an open manner. 

 

No feedback yet

Leave a comment


Your email address will not be revealed on this site.
BadExcellent
(For my next comment on this site)
(Allow users to contact me through a message form -- Your email will not be revealed!)

Contact Us

RECENT NEWS & EVENTS

5 STAR REVIEWS

  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by SB

    I just wanted to let you know how happy I am with the outcome and how very grateful I am for the guidance and support that you and your team provided.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Google user

    Patrick James is really a great lawyer who is smart and great to deal with. He's been our litigation counsel for over 5 years on several different matters. Patrick recently gave our company great strategic advice that resulted in a big commercial litigation win for our company. He's fierce, tenacious, and really cares about getting the best outcome for his clients.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Google user

    Patrick is a very good lawyer. He recently successfully defended a lawsuit against my company and has pursued several litigation claims for us in the past. All claims settled input favour. Mr. James is smart and quickly gives you great strategic advice. Patrick has been a real asset to our business.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Sandra L.

    Andrew Wray and Patrick James recently helped settle a difficult situation for me and my family. The results were exactly what we were hoping for. They are honest, strategic and will provide you with the best advice for you and your financial situation. I highly recommend them to everyone I know.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Mark C.

    Their team is highly focused and incredibly professional - from our experience it would be difficult not to believe that Pinto Wray James are one of Ontario's leading Firms in Labor and Employment law. The mindful client care and complete understanding of the case eased fears and the stress that comes with any legal dispute. Expect to find high level smartly crafted legal solutions at Pinto Wray James LLP - couldn't recommend more.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Sherry C.

    Patrick is knowledgeable, strategic, supportive, and patient. His guidance and advice helped me to maintain focus and to keep things in perspective. His experience and keen perception provides him with an edge that allows him to assess the situation, the people involved, and to offer a strategic resolution that works best for all involved. If you ever require legal advice and assistance, I highly recommend him and his team. They will be there 100% for you.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Christian V.

    Patrick is a fearless advocate for diverse clients. His strategic approach, and his empathy, are what set him apart as a litigator, and champion of the underdog.
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by A Google User

    I have no hesitation recommending Andrew Wray of Pinto Wray James LLP. He provided me with legal advice regarding an employment law issue and his council was practical and honest. Andrew's approach is very much one of blending legal excellence with good common sense. An excellent lawyer!
  • Rating: 5 Lawyer Toronto - 5 Star Reviews
    Pinto Wray James Reviewed by Larry S.

    Patrick listens to his clients and shows compassion, empathy and professionalism. He cares deeply that the individual that has been wrongfully terminated gets the best judgment available to him. I would not hesitate in recommending him to friends or family.
Submit