Mediation Agreement

Agreement to Mediate


It is agreed that in order to have an effective mediation the parties and their counsel should have authority to settle this dispute at the mediation conference.


It is agreed that in order to resolve the outstanding issues between the parties in this dispute, there will be an effort to isolate points of agreement and disagreement, to explore alternative solutions and to consider compromises or accommodations. Generally, the format of the mediation is determined by the mediator, but alternative arrangements should be discussed at anytime.


It is agreed that the mediator does not act as legal counsel for either party during the mediation conference.


It is agreed that the mediator may disclose to any party or to his/her counsel any information provided by the other party which the mediator believes to be relevant to the issues being mediated, unless a party or his/her counsel has specifically requested the mediator to keep certain information confidential.


It is agreed that where a settlement is reached in the dispute, the parties and their counsel will carry out the terms of the settlement as soon as possible and will sign appropriate Minutes of Settlement. The agreement reached at the mediation is binding on the parties.


It is agreed that the mediation conferences may be terminated at any time by any party, his or her counsel or the mediator for any reason.


It is understood and agreed that the mediator may have in the past been counsel to an insurer involved in the dispute. If this issue causes a concern, enquiries should be made on this issue at the time of mediation booking. Often times, the insurer involved in the matter is not disclosed to the mediator.


It is agreed that the mediation sessions are settlement negotiations and are inadmissible in any further litigation or arbitration to the extent allowed by law. The parties will not subpoena or otherwise require the mediator to testify or produce records or notes in any further proceedings. No transcripts will be kept of the mediation conference. The mediator shall have the immunity described in Section 82 of the Courts of Justice Act with necessary changes to points of detail. It is also expected that all parties and non-parties participating in the mediation will treat the process as entirely confidential.


Where agreed by all counsel, non-parties are welcome to participate in the process. However, non-parties are bound to all of the terms of this agreement.


It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings:

  • any view expressed, or suggestion made by a party in respect of the possible settlement of the dispute;
  • any admission made by the other party in the course of the mediation;
  • the fact that the other party had indicated a willingness to accept a proposal or recommendation for settlement made during the mediation.
  • it is agreed and understood that all offers made at the mediation, automatically expire at the conclusion of the mediation unless expressly extended in writing.


It is agreed that the parties, and/or their respective insurer(s) and/or their respective solicitor(s) will be responsible for all fees, disbursements and HST charged by the mediator in this matter, payable on an equal basis, or as otherwise decided. Payment is to be made to Michael Schmidt Professional Corporation. The proposed fee for the mediation is as set out below in the section entitled Fee Schedule. It is also agreed that if the mediation is cancelled, the parties and /or their respective insurers and/or their respective solicitors will be responsible for the payment of a cancellation fee in accordance with the section entitled Cancellation Fees. If there is a disagreement about which party is responsible for cancelling a mediation, the cancellation fee shall be borne by the party making the mediation booking.