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) or (6.1) 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; O. Reg. 438/08, s. 19. (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 180 days after the first defence has been filed, unless the court orders otherwise.  O. Reg. 453/98, s. 1; O. Reg. 438/08, s. 20 (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 180-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 180-day period is extended or abridged.  O. Reg. 244/01, s. 2; O. Reg. 438/08, s. 20 (2). Transfer (2.1) In the case of an action described in paragraph 3 of subrule 24.1.04 (1), (a) subrules (1) and (6) do not apply; and (b) the court may make an order, on motion or otherwise, specifying the date by which a mediation session must take place. O. Reg. 231/13, s. 8 (1). Postponement (3) Despite subrule (1) and clause (2.1) (b), the mediation session may be postponed to a later date if, (a) the parties consent to the date in writing; and (b) the consent is filed with the mediation co-ordinator.  O. Reg. 438/08, s. 20 (4); O. Reg. 231/13, s. 8 (2). Selection of Mediator (4) The parties shall choose a mediator under subrule 24.1.08 (2).  O. Reg. 453/98, s. 1. (5) Before setting the action down for trial, one of the parties shall file with the mediation co-ordinator, (a) a notice (Form 24.1A) stating the mediator’s name and the date of the mediation session; or (b) a mediator’s report under subrule 24.1.15 (1) indicating that the mediation has been concluded.  O. Reg. 438/08, s. 20 (5). Assignment of Mediator (6) If the mediation co-ordinator does not, within 180 days after the first defence has been filed, receive an order under subrule (1), a consent under subrule (3), a notice under clause (5) (a), a mediator's report or a notice that the action has been settled, he or she shall immediately assign a mediator from the list, unless the court orders otherwise.  O. Reg. 438/08, s. 20 (5). (6.1) If the mediation co-ordinator does not, within the time provided by an order under subrule (1) or clause (2.1) (b) or a consent under subrule (3), receive a notice under clause (5) (a), a mediator’s report or a notice that the action has been settled, and the action is set down for trial, he or she shall immediately assign a mediator from the list, unless the court orders otherwise.  O. Reg. 438/08, s. 20 (5); O. Reg. 231/13, s. 8 (3). (6.2) In the case of an action described in paragraph 3 of subrule 24.1.04 (1), if the court does not make an order under clause (2.1) (b) and the action is set down for trial without the mediation co-ordinator having received a notice under clause (5) (a), a mediator’s report or a notice that the action has been settled, he or she shall immediately assign a mediator from the list, unless the court orders otherwise. O. Reg. 231/13, s. 8 (4). (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 the method of attendance and advising that attendance is obligatory.  O. Reg. 453/98, s. 1; O. Reg. 526/21, s. 2. (7.1) The date fixed for the mediation session shall be within 90 days after the appointment of the mediator, unless the court orders otherwise.  O. Reg. 438/08, s. 20 (6). (8) The assigned mediator shall provide a copy of the notice to the mediation co-ordinator.  O. Reg. 453/98, s. 1. 24.1.09.1  Revoked: R.R.O. 1990, Reg. 194, s. 24.1.09.1 (3) (as amended by O. Reg. 198/05, s. 4 and O. Reg. 438/08, s. 21). 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) Unless the court orders otherwise, if an insurer may be liable to satisfy all or part of a judgment in the action or to indemnify or reimburse an insured party for money paid in satisfaction of all or part of a judgment in the action, (a) a representative of the insurer shall attend the mediation session; and (b) despite subrule (1), the insured party is not required to attend the mediation session.  O. Reg. 438/08, s. 22. 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.