Private mediation has become an essential part of the litigation process in |Ontario and all other Canadian jurisdictions. It provides a unique and valuable opportunity for the key decision makers to determine the resolution or outcome of any dispute. It is most effective where the parties and their counsel are well informed as to their counterparts' position and the basis for it and are satisfied with the level of disclosure or discovery which has taken place. This can occur at many different points in the litigation process.

During 25 years experience in civil litigation I have experienced the evolution of mediation in Ontario's judicial system and seen its effectiveness firsthand. Over the past 5 years I have been actively engaged in the role of mediator of a broad range of disputes involving personal injury, insurance, contractual, commercial and property disputes. I have attended educational programs specifically directed at developing and improving mediation skills to assist parties in arriving at a mutually acceptable resolution.

My fee for Mediation is based on an hourly rate of $350.00 plus GST. There is a four hour minimum charge plus reading time of materials. I would suggest that brief Memorandums including the most important documents be exchanged by the parties and delivered to me on behalf of the parties no later than 5 days prior to the mediation date. Normally, 2-3 hours for the reading of materials is appropriate. Typically the Mediation Hearing is scheduled for either a half or full-day and may take place at a convenient location arranged by my office or such other location as the parties determine. If additional travel time is required for me to attend the location chosen this is charged at a reduced hourly rate of $150.00 plus GST.

My office will make arrangements for a boardroom and break-out rooms. Refreshments will be available during the course of the Mediation Hearing. If the Mediation Hearing is scheduled for a full day appropriate lunch arrangements can readily be made so it will be important to advise as to the number of parties including counsel that will be attending.

There will be a written Mediation Agreement that I will request that counsel and the parties sign at the commencement of the Mediation Hearing. A sample is available . I would encourage counsel and the parties to read it and be familiar with its contents and feel free to ask questions about its terms so that they will be in a position to sign the Mediation Agreement at that time. I would draw your attention to paragraph 10 of the Mediation Agreement which states that unless otherwise agreed the parties are equally responsible for the fees and disbursements associated with mediation. Should there be agreement otherwise please advise and I will revise the Mediation Agreement accordingly.