Mediation Agreement

                                                                                    Court File No.:  

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:


                                                                                  Plaintiff

AND


                                                                              Defendant

MEDIATION AGREEMENT

Mediator: Stephen R. Moore

Mediation scheduled for:
 Place: 

 Address: 

The Parties and Mediator agree as follows:

  1. Mediation is an informal settlement process by which the Parties try to reach a consensual resolution of their dispute.  By signing this agreement, the Parties agree to make a sincere effort to resolve the outstanding issues between them.
  2. The Mediator agrees to serve as Mediator in connection with this matter.
  3. The Mediator is a neutral facilitator who will assist the Parties to reach their own settlement.  The Mediator does not offer legal advice or ensure the enforceability or validity of any agreement reached at mediation.
  4. The representatives of the Parties attending the mediation have authority to reach a settlement in this matter.
  5. It is understood that disclosure of relevant information is important to the mediation process.  Subject to the confines of the adversarial process, there will be meaningful disclosure by each of the Parties to the other and to the Mediator of relevant information and documents.
  6. It is agreed that the Mediator may not disclose to any party or to his or her counsel any information provided by the other party in caucus, unless a party, by his or her counsel, has specifically requested and authorized the Mediator to disclose such information to the other party.  Furthermore, the Mediator will not have any discussions or communications with a party without their counsel present (or without explicit authority from such counsel received by the Mediator in advance of any such communication).
  7. Mediation is a confidential process and the Parties agree to keep all communications and information exchanged at the mediation in confidence.  The only exception to this is disclosure for the purpose of enforcing any settlement agreement reached at mediation.
  8. The Mediator will not participate in negotiating a Pierringer, Mary Carter or similar agreement to which all of the participants are not parties without the permission of all parties to the mediation.
  9. If the Mediation is conducted virtually using Zoom or another similar platform, the parties acknowledge that the Mediator is unable to guarantee that the mediation may not be viewed or accessed by entities who are not participating in the mediation and that the parties agree to release the Mediator from any liability for any such unauthorized access.  The parties further agree that all persons having access to the mediation will be disclosed to the Mediator and to all other parties to the mediation.  No person shall use any device to record any portion of the audio and/or video of the mediation.
  10. The Parties agree that they will not call the Mediator as a witness for any purpose whatsoever in this or any subsequent proceedings.  No Party will seek access to any documents prepared for or delivered to the Mediator in connection with the mediations including any records or notes of the Mediator.  The Mediator may destroy his notes 30 days following the termination of the mediation. 
  11. The Parties agree that they will not hold the mediator liable for any act or omission in connection with the mediation.  The Parties agree to indemnify and save harmless the Mediator from all liability, claims, costs or expenses that may arise in any way from the mediation.
  12. The charge for any 2-party/2-counsel mediation is the sum of $4,900.00 for a full day mediation (up to 7 hours of actual mediation) and $2,900.00 for a half day mediation (up to 3.5 hours of actual mediation), plus disbursements and taxes.  For each additional party/counsel, the charge will increase by $400.00 per party/counsel per day.  For mediations which run longer than scheduled, the additional charge is $450.00 per hour.  The Mediator’s time spent travelling to and from the mediation (outside the GTA) will be charged at the rate of $225.00 per hour.
  13. Cancellations made more than 14 days before the mediation do not attract any cancellation fee.  Cancellations made between 8 and 14 days of the mediation will attract a cancellation fee of $1,500.00 for a half day mediation and $2,500.00 for a full day mediation.  Cancellations made 7 days or less prior to the mediation attract the full fee referred to in paragraph 12.  If the Mediator has incurred disbursements to third party providers for rented space, etc. such charges will be added to the cancellation fee.  In the event of the cancellation of the mediation, regardless of which party is responsible for the cancellation, the parties will split the fee in accordance with paragraph 14. 
  14. The Parties agree that the Mediator’s fee shall be split equally between the Parties unless they jointly advise the mediator otherwise prior to the completion of the mediation.
  15. The Lawyers for the Parties are responsible for the Mediator’s fee and undertake to pay the same within thirty (30) days of the receipt of the account.

IN WITNESS WHEREOF the Parties and the Mediator have signed this agreement this
day of          , 202 .

                                                                                                                                   
Lawyer for the Plaintiff                                  Plaintiff

                                                                              PER:                                                     

Lawyer for the Defendant

      _________________________________

      Stephen R. Moore
      Mediator