Throughout 2000 the Dispute Resolution Office of the Ministry of Attorney General consulted widely with the bar, the mediation community and the Supreme Court concerning expansion of the Notice to Mediate process to include a wide range of civil, non-family, actions. During the consultation process a draft regulation was widely distributed, and comments and suggestions were invited. The following questions and answers provide an overview of the expanded Notice to Mediate process for Supreme Court actions. The Notice to Mediate is a process by which any party to an action in the Supreme Court may compel all other parties to the action to mediate the matters in dispute. The Regulation will come into force on February 15, 2001.
Mediation is a process for resolving disputes.
Two or more parties to a dispute meet and attempt, with the assistance of a mediator, to settle the matters in dispute. The mediation takes place in a private, informal setting where the parties participate in the negotiation and design of a settlement. The Notice to Mediate can be used in connection with any action to which the Regulation applies, regardless of when the action was commenced. The Notice can be used at any time between 60 days after the filing of the first statement of defence and 120 days before the date of trial, unless the court orders that it can be used before or after this timeframe. Exemptions to the requirement to attend mediation are allowed in limited circumstances, such as when all parties have already participated in a mediation session in relation to the same dispute, or if a judge orders that one or more parties is exempt from attending the mediation.