Since January 1999, as part of the courts Case Management program, Mandatory Mediation (Rule 24.1) has became a permanent feature of the rules of court in Toronto and Ottawa-Carlton, and also the Windsor court in 2003. At some point, mandatory mediation will eventually be a requirement in court for most of the province.

Rule 24.1 requires, subject to some exceptions, the following:

• Within 30 days of the filing of a statement of defence, the parties to litigation are to choose a mediator;
• The choice of mediator may be from the court-approved list of mediators (the "roster"), or as agreed upon between the parties;
• If the parties fail to notify the court (the mediation co-ordinator) of their mediator within the required time, a mediator from the roster will be assigned by the co-ordinator;

The Rule applies to most non-family civil court matters where the claim exceeds $50,000.00.

The Toronto Court has modified Rule 24.1. In a practice direction issue by the Toronto court on November 22, 2004, Regional Senior Justice W. K. Winkler modified the Mandatory Mediation Rule significantly, essentially abolishing the requirement of mediation at an early stage of the litigation. Specifically, effective December 31, 2004:

• Rule 24.1 (Mandatory Mediation) will apply only to actions governed by Rule 77 (Case Management). Thus mandatory mediation (and case management) no longer apply automatically to civil actions in Toronto;
• Mediation continues to be mandatory but at a time determined by the parties. The parties are required to hold a mediation session no later than 90 days after the action is set down for trial. In wrongful dismissal cases and in actions commenced under Rule 76 (Simplified Procedure), the mediation shall occur within 150 days after the close of pleadings.
• The court may order a mediation at the request of either party.
• The local mediation co-ordinator will continue to maintain a roster of mediators. Where the parties cannot agree on a mediator, they may ask that the local mediation coordinator assign one. Roster mediators must agree to be bound by the current fee tariff in cases where they are appointed by the local mediation co-ordinator
• If a mediator is chosen by the parties, the mediator's fees are not governed by the fee tariff

RECOMMENDATION: YOU CAN STILL HOLD MEDIATION EARLY IN THE LITIGATION PROCESS IN ORDER TO SAVE YOU CLIENT TIME, MONEY AND AGGEVATION

Lawyers have confidence in Warren Morris. With extensive experience with the dispute resolution process, civil litigation, contracts and employment law, Warren understands the complex legal issues that arise during mediation.

Warren's relaxed style assists clients, both individuals and corporations, to feel at ease during mediation sessions, providing an atmosphere conducive to settlement.