REGULATION 194 OF THE REVISED REGULATIONS OF ONTARIO, 1990 MADE UNDER THE COURTS OF JUSTICE ACT

Amended to O. Reg. 206/02

PURPOSE

24.1.01 This Rule establishes a pilot project for mandatory mediation in case managed actions, in order to reduce cost and delay in litigation and facilitate the early and fair resolution of disputes. O. Reg. 453/98, s. 1.

NATURE OF MEDIATION

24.1.02 In mediation, a neutral third party facilitates communication among the parties to a dispute, to assist them in reaching a mutually acceptable resolution. O. Reg. 453/98, s. 1.

DEFINITIONS

24.1.03 In rules 24.1.04 to 24.1.16,

"defence" means,

(a) Revoked: O. Reg. 457/01, s. 5.

(b) a notice of intent to defend,

(c) a statement of defence, and

(d) a notice of motion in response to an action, other than a motion challenging the court's jurisdiction; ("défense")

"mediation co-ordinator" means the person designated under rule 24.1.06. ("coordonnateur de la médiation ") O. Reg. 453/98, s. 1; O. Reg. 627/98, s. 2; O. Reg. 457/01, s. 5.

APPLICATION

Scope

24.1.04 (1) This Rule applies to actions that are,

(a) commenced in,

(i) the City of Toronto on or after January 4, 1999,

(ii) The Regional Municipality of Ottawa-Carleton on or after January 4, 1999 but before January 1, 2001, or

(iii) the City of Ottawa on or after January 1, 2001; and

Note: On December 31, 2002, clause (a) is revoked and the following substituted:

(a) commenced in,

(i) the City of Toronto on or after January 4, 1999,

(ii) The Regional Municipality of Ottawa-Carleton on or after January 4, 1999 but before January 1, 2001,

(iii) the City of Ottawa on or after January 1, 2001, or

(iv) the County of Essex on or after December 31, 2002; and

See: O. Reg. 206/02, ss. 7, 28.

(b) described in subrule (2). O. Reg. 244/01, s. 1.

(2) The actions referred to in clause (1) (b) are,

(a) actions governed by Rule 77 (Civil Case Management); and

(b) actions governed by Rule 76 (Simplified Procedure) and assigned to mandatory mediation by the regional senior judge. O. Reg. 244/01, s. 1.

Exceptions, Certain Actions

(2.1) Despite subrules (1) and (2), this Rule does not apply to:

1. An action under the Substitute Decisions Act, 1992 or Part V of the Succession Law Reform Act .

2. An action in relation to a matter that was the subject of a mediation under section 258.6 of the Insurance Act , if the mediation was conducted less than a year before the delivery of the first defence in the action. O. Reg. 244/01, s. 1.

Proceedings Against the Crown Act

(3) In an action to which the Proceedings Against the Crown Act applies, if the notice required by section 7 of that Act has not been served, the Crown in right of Ontario is entitled to participate in mediation under this Rule but is not required to do so. O. Reg. 453/98, s. 1.

EXEMPTION FROM MEDIATION

24.1.05 The court may make an order on a party's motion exempting the action from this Rule. O. Reg. 453/98, s. 1.

MEDIATION CO-ORDINATOR

24.1.06 The Attorney General or his or her delegate may designate a person as mediation co-ordinator for a county named in the Schedule to subrule 24.1.04 (1), to be responsible for the administration of mediation in the county under this Rule. O. Reg. 453/98, s. 1.

LOCAL MEDIATION COMMITTEES

Establishment

24.1.07 (1) There shall be a local mediation committee in each county named in the Schedule to subrule 24.1.04 (1). O. Reg. 453/98, s. 1.

Membership

(2) The members of each committee shall be appointed by the Attorney General so as to represent lawyers, mediators, the general public and persons employed in the administration of the courts. O. Reg. 453/98, s. 1.

(3) The Chief Justice of the Superior Court of Justice shall appoint a judge to be a member of each committee. O. Reg. 453/98, s. 1; O. Reg. 292/99, s. 3.

Functions

(4) Each committee shall,

(a) compile and keep current a list of mediators for the purposes of subrule 24.1.08 (1), in accordance with guidelines approved by the Attorney General;

(b) monitor the performance of the mediators named in the list;

(c) receive and respond to complaints about mediators named in the list. O. Reg. 453/98, s. 1.

(5) In carrying out their functions under subrule (4), committees may add mediators to the list and remove mediators from the list. O. Reg. 457/01, s. 6.

MEDIATORS

List of Mediators

24.1.08 (1) The mediation co-ordinator for a county shall maintain a list of mediators for the county, as compiled and kept current by the local mediation committee. O. Reg. 453/98, s. 1.

(2) A mediation under this Rule shall be conducted by,

(a) a person chosen by the agreement of the parties from the list for a county;

(b) a person assigned by the mediation co-ordinator under subrule 24.1.09 (6) from the list for the county; or

(c) a person who is not named on a list, if the parties consent. O. Reg. 453/98, s. 1.

(3) Every person who conducts a mediation under subrule (2), whether named on the list or not, is required to comply with this Rule. O. Reg. 453/98, s. 1.

(4) Without limiting the generality of subrule (3), every person who conducts a mediation under subrule (2) shall comply with subrule 24.1.15 (1) ( mediator's report). O. Reg. 453/98, s. 1.

MEDIATION SESSION

Time Limit

24.1.09 (1) A mediation session shall take place within 90 days after the first defence has been filed, unless the court orders otherwise. O. Reg. 453/98, s. 1.

Extension or Abridgment of Time

(2) In considering whether to exercise the power conferred by subrule (1), the court shall take into account all the circumstances, including,

(a) the number of parties, the state of the pleadings and the complexity of the issues in the action;

(b) whether a party intends to bring a motion under Rule 20 (Summary Judgment), Rule 21 (Determination of an Issue Before Trial) or Rule 22 (Special Case);

(c) whether the mediation will be more likely to succeed if the 90-day period is extended to allow the parties to obtain evidence under,

(i) Rule 30 (Discovery of Documents),

(ii) Rule 31 (Examination for Discovery),

(iii) Rule 32 (Inspection of Property),

(iv) Rule 33 (Medical Examination), or

(v) Rule 35 (Examination for Discovery by Written Questions); and

(d) whether, given the nature of the case or the circumstances of the parties, the mediation will be more likely to succeed if the 90-day period is extended or abridged. O. Reg. 244/01, s. 2.

Postponement

(3) Despite subrule (1), in the case of an action on the standard track, the mediation session may be postponed for up to 60 days if the consent of the parties is filed with the mediation co-ordinator. O. Reg. 453/98, s. 1.

Selection of Mediator

(4) The parties shall choose a mediator under subrule 24.1.08 (2). O. Reg. 453/98, s. 1.

(5) Within 30 days after the filing of the first defence, the plaintiff shall file with the mediation co-ordinator a notice (Form 24.1A) stating the mediator's name and the date of the mediation session. O. Reg. 453/98, s. 1.

Assignment of Mediator

(6) If the mediation co-ordinator does not, within the times provided, if any, receive an order under subrule (1), a consent under subrule (3), a notice under subrule (5), a mediator's report or a notice that the action has been settled, he or she shall immediately assign a mediator from the list. O. Reg. 453/98, s. 1.

(7) The assigned mediator shall immediately fix a date for the mediation session and shall, at least 20 days before that date, serve on every party a notice (Form 24.1B) stating the place, date and time of the session and advising that attendance is obligatory. O. Reg. 453/98, s. 1.

(8) The assigned mediator shall provide a copy of the notice to the mediation co-ordinator. O. Reg. 453/98, s. 1.

PROCEDURE BEFORE MEDIATION SESSION

Statement of Issues

24.1.10 (1) At least seven days before the mediation session, every party shall prepare a statement in Form 24.1C and provide a copy to every other party and to the mediator. O. Reg. 453/98, s. 1.

(2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement. O. Reg. 453/98, s. 1.

(3) The party making the statement shall attach to it any documents that the party considers of central importance in the action. O. Reg. 453/98, s. 1.

Copy of Pleadings

(4) The plaintiff shall include a copy of the pleadings with the copy of the statement that is provided to the mediator. O. Reg. 453/98, s. 1.

Non-Compliance

(5) If it is not practical to conduct a mediation session because a party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the mediation co-ordinator a certificate of non-compliance (Form 24.1D). O. Reg. 453/98, s. 1.

ATTENDANCE AT MEDIATION SESSION

Who is Required to Attend

24.1.11 (1) The parties, and their lawyers if the parties are represented, are required to attend the mediation session unless the court orders otherwise. O. Reg. 453/98, s. 1.

Representative of Insurer

(1.1) If an insurer may be liable to satisfy all or part of a judgment in the action or to indemnify or reimburse a party for money paid in satisfaction of all or part of a judgment in the action, a representative of the insurer is also required to attend the mediation session, unless the court orders otherwise. O. Reg. 244/01, s. 3.

Authority to Settle

(2) A party who requires another person's approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours. O. Reg. 453/98, s. 1.

FAILURE TO ATTEND

Non-Compliance

24.1.12 If it is not practical to conduct a scheduled mediation session because a party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the mediation co-ordinator a certificate of non-compliance ( Form 24.1D). O. Reg. 453/98, s. 1.

NON-COMPLIANCE

24.1.13 (1) When a certificate of non-compliance is filed, the mediation co-ordinator shall refer the matter to a case management master or case management judge. O. Reg. 453/98, s. 1.

(2) The case management master or case management judge may convene a case conference under subrule 77.13 (1), and may,

(a) establish a timetable for the action;

(b) strike out any document filed by a party;

(c) dismiss the action, if the non-complying party is a plaintiff, or strike out the statement of defence, if that party is a defendant;

(d) order a party to pay costs;

(e) make any other order that is just. O. Reg. 453/98, s. 1.

(3) Subrules 77.13 (7) and 77.14 (9) do not apply to the case conference. O. Reg. 453/98, s. 1.

CONFIDENTIALITY

24.1.14 All communications at a mediation session and the mediator's notes and records shall be deemed to be without prejudice settlement discussions. O. Reg. 453/98, s. 1.

OUTCOME OF MEDIATION

Mediator's Report

24.1.15 (1) Within 10 days after the mediation is concluded, the mediator shall give the mediation co-ordinator and the parties a report on the mediation. O. Reg. 453/98, s. 1.

(2) The mediation co-ordinator for the county may remove from the list maintained under subrule 24.1.08 (1) the name of a mediator who does not comply with subrule (1). O. Reg. 453/98, s. 1.

Agreement

(3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the parties or their lawyers. O. Reg. 453/98, s. 1.

(4) If the agreement settles the action, the defendant shall file a notice to that effect,

(a) in the case of an unconditional agreement, within 10 days after the agreement is signed;

(b) in the case of a conditional agreement, within 10 days after the condition is satisfied.

O. Reg. 453/98, s. 1.

Failure to Comply with Signed Agreement

(5) Where a party to a signed agreement fails to comply with its terms, any other party to the agreement may,

(a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or

(b) continue the action as if there had been no agreement. O. Reg. 453/98, s. 1; O. Reg. 288/99, s. 14.

CONSENT ORDER FOR ADDITIONAL MEDIATION SESSION

24.1.16 (1) With the consent of the parties the court may, at any stage in the action, make an order requiring the parties to participate in an additional mediation session. O. Reg. 453/98, s. 1.

(2) The court may include any necessary directions in the order. O. Reg. 453/98, s. 1.

(3) Rules 24.1.09 to 24.1.15 apply in respect of the additional session, with necessary modifications. O. Reg. 453/98, s. 1.

24.1.17 Revoked: O. Reg. 244/01, s. 4.

Form 24.1A

NOTICE OF NAME OF MEDIATOR AND DATE OF SESSION

TO: MEDIATION CO-ORDINATOR

1. I certify that I have consulted with the parties and that the parties have chosen the following mediator for the mediation session required by Rule 24.1: (name)

2. The mediator is named in the list of mediators for (name county) .

(or)

2. The mediator is not named in a list of mediators, but has been chosen by the parties under clause 24.1.08 (2) (a) or (c).

3. The mediation session will take place on (date)

  .

O. Reg. 453/98, s. 2 (1); O. Reg. 627/98, s. 10.

Form 24.1B

NOTICE BY ASSIGNED MEDIATOR

TO:

AND TO:

The notice of name of mediator and date of session (Form 24.1A) required by rule 24.1.09 of the Rules of Civil Procedure has not been filed in this action. Accordingly, the mediation co-ordinator has assigned me to conduct the mediation session under Rule 24.1. I am a mediator named in the list of mediators for (name county).

The mediation session will take place on (date) , from (time) to (time) , at (place) .

Unless the court orders otherwise, you are required to attend this mediation session. If you have a lawyer representing you in this action, he or she is also required to attend.

You are required to file a statement of issues (Form 24.1C) by (date) (seven days before the mediation session). A blank copy of the form is attached.

When you attend the mediation session, you should bring with you any documents that you consider of central importance in the action. You should plan to remain throughout the scheduled time. If you need another person's approval before agreeing to a settlement, you should make arrangements before the mediation session to ensure that you have ready telephone access to that person throughout the session, even outside regular business hours.

YOU MAY BE PENALIZED UNDER RULE 24.1.13 IF YOU FAIL TO FILE A STATEMENT OF ISSUES OR FAIL TO ATTEND THE MEDIATION SESSION.

cc. Mediation co-ordinator

O. Reg. 453/98, s. 2 (1).

Form 24.1C

STATEMENT OF ISSUES

(To be provided to mediator and parties at least seven days before the mediation session)

1. Factual and legal issues in dispute

The plaintiff (or defendant ) states that the following factual and legal issues are in dispute and remain to be resolved.

(Issues should be stated briefly and numbered consecutively.)

2. Party's position and interests (what the party hopes to achieve)

(Brief summary.)

3. Attached documents

Attached to this form are the following documents that the plaintiff (or defendant ) considers of central importance in the action: (list)

NOTE: When the plaintiff provides a copy of this form to the mediator, a copy of the pleadings shall also be included.

NOTE: Rule 24.1.14 provides as follows:

All communications at a mediation session and the mediator's notes and records shall be deemed to be without prejudice settlement discussions.

O. Reg. 453/98, s. 2 (1).

Form 24.1D

CERTIFICATE OF NON-COMPLIANCE

TO: MEDIATION CO-ORDINATOR

I, (name) , mediator, certify that this certificate of non-compliance is filed because:

O. Reg. 453/98, s. 2 (1).

Amended to O Reg. 241/01

REGULATION MADE UNDER THE ADMINISTRATION OF JUSTICE ACT

MEDIATORS' FEES (RULE 24.1, RULES OF CIVIL PROCEDURE)

1. In this Regulation,

"mandatory mediation session" means the mediation session required by Rule 24.1 of the Rules of Civil Procedure. O. Reg. 451/98, s. 1.

2. For the purposes of this Regulation,

two or more plaintiffs shall be deemed to be one party; and

(b) two or more defendants who jointly serve a statement of defence or are jointly represented shall be deemed to be one party. O. Reg. 451/98, s. 2.

3.         (1) When a mandatory mediation session is conducted under Rule 24.1 of the Rules of Civil Procedure by a mediator named in a list described in subrule 24.1.08 (1) of those Rules, fees shall be paid in accordance with this Regulation. O. Reg. 451/98, s. 3 (1).

(2) The mediator's fees for the mandatory mediation session cover the following services:

One-half hour of preparation time for each party.

2. Up to three hours of actual mediation. O. Reg. 451/98, s. 3 (2).

4.         (1) The mediator's fees for the mandatory mediation session shall not exceed the amount shown in the following Table:

TABLE

O. Reg. 451/98, s. 4 (1).

(2) Each party is required to pay an equal share of the mediator's fees for the mandatory mediation session. O. Reg. 451/98, s. 4 (2).

(3) After the first three hours of actual mediation, the mediation may be continued if the parties and the mediator agree to do so and agree on the mediator's fees or hourly rate for the additional time. O. Reg. 451/98, s. 4 (3).

5.        (1) If the mediator cancels a session under subrule 24.1.10 (5) of the Rules of Civil Procedure because a party fails to comply with subrule 24.1.10 (1 ), that party shall pay any cancellation fees. O. Reg. 451/98, s. 5 (1).

(2) If the mediator cancels a session under subrule 24.1.12 (1) of the Rules of Civil Procedure because a party fails to attend within the first 30 minutes of the session, the party who fails to attend shall pay any cancellation fees. O. Reg. 451/98, s. 5 (2).

(3) Two or more parties who fail to comply or to attend, as the case may be, shall pay the cancellation fees in equal shares. O. Reg. 451/98, s. 5 (3).

(4) The cancellation fees shall not exceed the applicable amount shown in the Table to subsection 4 (1). O. Reg. 451/98, s. 5 (4).

6. A party's failure to pay a share referred to in subsection 4 (2) or 5 (3) does not increase the share or shares of the other party or parties. O. Reg. 451/98, s. 6.

7.         (1) A party who holds a valid legal aid certificate with respect to the proceeding is not required to pay fees under this Regulation. O. Reg. 451/98, s. 7 (1).

(2) A party to whom subsection (1) does not apply but who may suffer financial hardship if required to pay fees under this Regulation may contact the mediation co-ordinator. O. Reg. 451/98, s. 7 (2).

|  What We Do | News | Courts | Family Law |



Privacy | External Links Disclaimer

Copyright information: © Queen's Printer for Ontario, 2006

This Web site has been created as a public service by the Ontario Ministry of the Attorney General. Every reasonable effort has been made to ensure that the information presented is current and accurate. However, users of this site should verify the information before making decisions or acting upon it. The Ministry of the Attorney General does not provide legal advice to the public.