Ontario has had a mandatory mediation program since 1999 for civil court actions. Surprise! That program is not available if you need to sue someone outside of Toronto, Ottawa or the County of Essex (Windsor). Finally, more than 20 years later, the Ministry of the Attorney General is considering equalization of access to mandatory mediation for all Ontario.
What are the opportunities for mediators, arbitrators, and other ADR professionals using a short horizon of 5 or 10 years? The last couple of years have been quite an experience and here we are, poised on the edge of what I hope will be the start of the post-pandemic era.
What are the qualities that contribute to being an effective mediator? Recent conversations with people considering careers as mediators, brought me back to this topic. How do I know if I have what it takes to be a mediator?
Caucus-only mediation has become increasingly popular in many mediations for business, insurance, even more personal situations such as estate and workplace disputes. Recent research shows that the caucus-only mediation approach has negative consequences. As an experienced mediator, that research conclusion was not a surprise to me.
We have seen lots of information about using mediation to reduce the costs of resolving disputes. Now in Ontario if you do not use mediation, it could cost you money.