Preparing for a Mediation

Who should attend the mediation session?

Parties named in the claim must attend the mediation.

If an individual is named on the claim, he or she must attend the mediation.

Companies, societies, partnerships and other non-individual parties named in the claim must send a representative to the mediation who has full knowledge of the dispute and authority to settle.

Nobody may attend in substitution for a party except for a representative of an insurance company which has responsibility for the claim (see Rule 7.2 (17.1) and Rule 7.4 (27) for details).

A lawyer may accompany a party to the mediation session but a party is not permitted to send a lawyer on his or her behalf. The party, or party representative, must attend personally. However, in-house counsel employed by a company or other non-individual party named in the claim may attend on their own as a party representative. Please see the Notice to the Profession outlining these guidelines.

A party may also bring a support person (family member, relative, friend, etc.) who may participate in the mediation session with the consent of the mediator and the other parties.

If parties require an interpreter, they must provide one at their own cost, with the exception of sign language interpreters whose services are provided where needed.

What documents should I bring?

Parties must bring documents and reports to the mediation that are relevant to the dispute. Often, sharing documents such as contracts, invoices, and photos can be very helpful in resolving the claim. Parties may also bring extra copies of their documents for the other participants.

How long will it take?

A mediation session takes approximately two hours. We encourage parties to arrive early and set aside the time to be present for the entire session. 

What will be discussed and how can I prepare ahead of time?

Under the guidance of the mediator, each party has an opportunity to hear directly from the other party about the matters that led to the claim and in turn, to communicate their own viewpoint. These direct discussions allow both sides to fully understand the other party’s position and to eliminate misunderstandings.

Parties can prepare for the mediation by:

  • Listing the issues that they would like to resolve at the mediation

  • Asking themselves, what do I want the other side to understand?

  • Thinking through options for resolving the case at mediation

  • Thinking through the consequences if the case does not settle at mediation

  • Resolving to be open to listening to what the other party has to say