The parties retain the mediator on the following terms and conditions:
The mediator was an employee of the Hastings Children’s Aid Society until July 4, 2011. The mediator is no longer an employee of the Hastings Children’s Aid Society and as such, does not have access to child welfare history beyond what is disclosed in the mediation process.
The mediator is a third party facilitator who provides a neutral and balanced dispute resolution process.
The issues to be addressed in mediation shall be jointly presented to the mediator by the parties, and may include legal matters that are already before the court.
The parties consent to the presence of language interpreters, mediation interns or assistants for the purposes of professional training. All such observers and/ or participants are bound by this agreement.
The mediation will be held in private. Other professionals (e.g. lawyer, financial professional, etc) or support persons may also be in attendance, however all third parties agree to be bound by this agreement.
Parties are able to choose their own support person to attend the joint mediation session(s), and no other party can refuse the choice of support person. Parties can however decline to participate in mediation based on the attendance/ participation of another party's support person, and this will not be used against them.
In order for a support person to attend the joint mediation session(s), the mediator must be informed prior to the joint mediation session(s). If necessary, the mediator will prepare the support person for the joint mediation session. Any fees associated to the support person preparation shall be billed to the client inviting the support person.
The mediator shall not be liable to any party for any act or omission in connection with a mediation conducted under this agreement.
The mediator has no authority to impose a settlement.
THE PROCESS:
Mediation is a voluntary process. Any party, including the mediator may terminate the process at any time, and this shall not be used against them.
The mediator may meet or communicate with any party separately at any time. The mediator may, in their discretion, disclose information or documents provided in such private meetings to the other party/ parties, and/or to a party’s lawyer, unless otherwise agreed during the private meeting.
The mediator is authorized to make recommendations for settlement in the mediator’s discretion.
The parties agree that the mediator is acting in their capacity as mediator and is NOT a lawyer. If during the course of the mediation the mediator expresses an opinion or comments on an issue, the parties acknowledge that the opinion or comment is not to be construed as constituting a statement of the law nor legal advice in any respect.
The parties agree to obtain independent legal advice on the terms of any proposed settlement. They understand that an agreement reached without the benefit of legal and other necessary advice may be invalid or have unintended consequences.
The parties understand that they will not conclude a binding agreement in mediation. Any binding agreement shall be made by the parties following mediation.
The parties indemnify the mediator from any claims arising out of any agreements entered into during or following this process whether they have obtained legal advice or not.
The parties agree to provide all information and documentation requested by the mediator in order to enable informed decisions.
CONFIDENTIALITY:
This mediation is a CLOSED mediation. The parties shall keep confidential all information prepared for the mediation, or provided, disclosed or exchanged during or for the purpose of the mediation. The following exceptions apply:
a) The mediator may communicate with the lawyers for the parties, and to third party advisors retained by a party or all parties;
b) The mediator must disclose where there are reasonable grounds to believe that there is a real or perceived threat to human life or safety (ie notify CAS if a child is at risk, notify Police if an adult is at risk);
c) The mediator may disclose information in their defence if any party makes a claim or complaint against the mediator, their staff and/ or trainees;
d) Participants may discuss the content of mediation with their lawyer(s) at any time;
e) The terms of an agreement, memorandum of understanding or plan arising from the mediation may be shared with the court, and all lawyers, including lawyers for the child(ren) where applicable;
f) The mediator can talk and/ or write about the case for research or educational purposes without using any identifying information.
No parties, including their lawyers, shall take any notes or recordings of any joint mediation session(s). The only exception to this rule is with respect to a lawyer representing a child when the child is not in attendance for the joint mediation session(s). Notes taken by a child's lawyer shall only contain a list of agreements reached in principle.
The parties shall not summons nor otherwise require the mediator to testify or produce records or notes in any current or future civil proceedings, including Family Court and Child Welfare Court.
FEES:
Fees will be billed at a rate of two hundred dollars ($200) per hour, and are applied to all time expended in any and all professional activities, including administrative matters associated with the mediation process and/or arising from the mediation process. This includes time spent in reviewing documents and correspondence, voicemail, electronic mail as well as attending to meetings and telephone / video calls with either client, their lawyer(s), their child(ren) or other professionals involved. Note that insurance companies may not cover fees paid for mediation services.
Unless otherwise agreed in writing (e.g. email, text, etc) or during the joint mediation session(s), each client shall pay 50% of the fees associated with all joint meetings (e.g. prep time, meeting time, etc), and document preparation. The clients shall each pay fully for all meetings in which they attend alone. If the above terms are not satisfied, the Mediator will postpone all services until the terms are met. Non-payment of fees shall be grounds for the resignation of the Mediator.
The mediator will not release documents (e.g. Mediated Agreement, Memorandum of Understanding, etc) until all fees are paid in full.
The clients will be billed for an appointment in which there is less than twenty-four (24) hours notice prior to cancellation / no show; and
In the event of a decision to withdraw from the mediation process, all incurred fees are due and payable within thirty (30) days of the invoice.
RISKS AND LIMITATIONS OF MEDIATION:
The mediator cannot guarantee physical safety, nor can they guarantee against bad faith or abuse of process.
ADVERSARIAL PROCEDURES SUSPENDED:
No party shall commence or advance any court proceedings without first advising the other party/parties and the mediator. Court action and mediation may run concurrently, however it is recommended that any court action in progress be adjourned until the mediation ends.