ADR
CLAUSES
MEDIATION
Mediation Clause following negotiation
- If the dispute is not resolved by informal negotiation
within 30 days (or any mutually agreed extension of time) of the first meeting between the
representatives of the parties, the dispute shall be referred to mediation; that is, an
informal, non-binding conference or conferences between the parties in which a mediator
will seek to guide the parties to a resolution of the dispute.
- The parties are free to select any mutually acceptable
mediator. If the parties cannot agree or have no particular choice of mediator, they may
request that The Canadian Foundation for Dispute Resolution assign a mediator to the
dispute. A list and resumes of available mediators, numbering one more than there are
parties, will be sent by the Foundation to the parties, each of whom may strike one name,
leaving the remaining name as the mediator. If more than one name remains, the designated
mediator shall be selected by The Canadian Foundation for Dispute Resolution from the
remaining names.
- The mediation process shall continue until the case is
resolved, one of the parties wishes to terminate the mediation, or the mediator makes a
finding that there is no possibility of resolution.
Notes:
It is essential to:
- preserve rights with respect to limitation periods;
- provide a mechanism for selection of the mediator;
- know when the mediation process is concluded.
Parties should consider:
- what issues are being submitted to mediation;
- what disclosure is contemplated - clarify intentions.
Parties may wish to consider:
- any special qualifications required by the mediator;
- the mediation procedure;
- confidentiality of the mediation
- without prejudice nature of the mediation
- manner in which the costs are to be shared;
- including rules of mediation by reference - in which case it
is essential to consider carefully whether modifications are necessary.
These ADR Clauses have been produced by
The Canadian Foundation for Dispute Resolution. Any feedback or concerns on the content of
this document please contact CFDR at the addresses below.
The Canadian Foundation for Dispute Resolution
234 Eglinton Avenue East, Suite 500, Toronto, Ontario, M4P 1K5
Tel. (416) 487-4733 Fax. (416) 487-4429
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