When are Mediation Briefs or Statements of Issues due?

Ian prefers that the parties send him (and opposing counsel) their materials no more than 7 days before the mediation. This is the same deadline as in Rule 24.1.

How do we send our Mediation Brief or Statement of Issues?

Ian would prefer Statements of Issues and Mediation Briefs be delivered electronically by PDF. If that is not possible, fax delivery is acceptable. A separate hard copy is not required.

If delivering a hard copy is your only way, please note that our office is open from 9 a.m. to 5 p.m., Monday to Friday.

Where is the mediation held?

There are a few options for the location of the mediation.

1. Lawyer’s Office: If a neutral location is not important and one of the lawyers is prepared to host the mediation, that is acceptable. It is essential to have one room that can accommodate everyone for a joint session. There needs to be enough break-out rooms so that each party can have their own room. Rooms need to be sufficiently sound-insulated to ensure confidentiality.
2. Court Reporters: Mediations are typically held at Durham Reporting Inc., located at 12 Stanley Court, Unit 5, Whitby Ontario L1N 8P9.

If the parties prefer a different court reporter’s office, that request can be accommodated. Please contact us for further assistance.

What if we need more time than the half-day or full day that was booked?

Ian is prepared to stay longer to complete the mediation. After 3 hours (half-day), the overtime rate will apply by the hour, or part thereof. If the mediation is a half-day morning mediation, the mediation may not be able to continue after 1 p.m. if there is another half-day mediation booked for the afternoon.

If you want the ability to mediate longer than the 3-hour half-day, it is best to book a full day. Alternatively, book an afternoon mediation and contact Brianna to ensure that Ian has the flexibility to remain after 5 p.m.

What is the difference between Facilitative and Evaluative mediation?

Facilitative mediation is based on the belief that, with neutral assistance, people can work through and resolve their own conflicts. In a facilitative mediation, the mediator will take an active role in controlling the "process." Process means things like setting the ground rules for how the problem will be solved. The mediator asks questions to identify the interests of the parties and the real issues in the disagreement and facilitates the dialogue between the parties to a mutual understanding. The mediator helps the parties explore solutions that benefit both parties. The mediator does not offer an expert opinion on the strengths and weaknesses of the parties' cases. The mediator may offer solutions as possible options without direction or preference.

Anchor Evaluative mediation is based on the belief that mediators with expertise in the issues in conflict can help the parties to assess the strengths and weaknesses of their legal or other positions and that their opinion will be used to work to achieve settlements. Individual meetings between the mediator and one party at a time (called "caucuses") can be a major component of evaluative mediation. The focus of an evaluative mediation is primarily upon monetary settlement. The mediator will make their best efforts to get the parties to compromise, if necessary, to achieve a result. The mediator may suggest a recommended settlement for the parties to consider.