Download Sample Agreement to Mediate (PDF).
Court File No.: <CourtFileNo>
[ONTARIO QUEBEC ALBERTA] – pick one, delete others
SUPERIOR COURT OF JUSTICE
BETWEEN:
[FULL NAME OF PLAINTIFF/S]
Plaintiff(s)
—and —
[FULL NAME OF DEFENDANT/S]
Defendant(s)
AGREEMENT TO MEDIATE
AND
TERMS OF MEDIATION
The Plaintiff and Defendants (“the Parties”) agree to mediate with [Name of Neutral], an ADR Chambers mediator (“the Mediator”), to attempt to settle their dispute in relation to the above-noted matter.
The provisions of the Agreement to Mediate (“the Agreement”) are as follows:
1. The Mediator is a neutral facilitator who will assist the Parties in reaching their own settlement. The Mediator will not make decisions for the Parties on how the matter must or should be resolved.
CONFIDENTIALITY
2. All written, oral and digital communications made in the course of the mediation will be treated as confidential and without prejudice. Therefore:
a. The Parties to this Agreement agree that communications and documents shared in this mediation will not be disclosed to anyone who is not a party to this mediation unless:
i. the person has signed this Agreement;
ii. information is otherwise public;
iii. the person to whom the information is disclosed is a legal or financial advisor to a party to this Agreement;
iv. disclosure is required for purposes of enforcing or interpreting any
agreement reached;
v. pursuant to an order of a court of competent jurisdiction or the disclosure is required by law; or
vi. the information suggests that there will be actual or potential threat to human life or safety, or the commission of a crime in the future.
b. The Parties to this Agreement agree that all communications made and documents shared in this mediation, which are not otherwise discoverable, will be shared on a without prejudice basis and will not be used in discovery, cross-examination, at trial or in any other way, in this or any other proceeding. Neither ADR Chambers nor the Mediator will keep physical or electronic transcripts of the mediation.
c. Everyone signing this document, whether or not a party to the litigation, agrees to be bound by the confidentiality provision of this Agreement. Any individual signing on behalf of a corporation represents that he or she has authority to bind the corporation to the confidentiality provisions in this Agreement.
3. The Mediator will not reveal the names of Parties or anything discussed in mediation except that the Mediator may disclose such information:
a. to the lawyers or other professionals retained on behalf of the Parties as deemed appropriate or necessary by the Mediator, unless the parties or counsel advise otherwise;
b. to non-parties consented to in writing by the Parties, as deemed appropriate or necessary by the Mediator;
c. for research or education purposes, on an anonymous basis;
d. where ordered to do so by a judicial authority or where required to do so by law; or
e. where the information suggests that there will be actual or potential threat to human life or safety, or the commission of a crime in the future.
4. To maintain the confidentiality of mediations conducted by audio or video conference, each party agrees that:
a. they will be in an area with no exposure to, or interference by, third parties;
b. there shall be no video or audio recording of the mediation; and
c. they will access the mediation by video conference using a secure passwordprotected
internet connection.
5. The Mediator may use confidential and secure artificial intelligence (“AI”) tools to assist in the course of the mediation.
AUTHORITY
6. The Parties or those representing them at the mediation have authority to make a decision regarding settlement.
TERMINATION OF MEDIATION
7. Any party may withdraw from the mediation at any time.
8. If the Mediator determines that it is not practical or appropriate to continue the mediation, the Mediator may terminate the process after conveying his or her unilateral decision to the Parties to do so.
MEDIATOR AS A WITNESS/RELEASE FROM LIABILITY
9. The Parties fully release the Mediator and ADR Chambers from all claims and causes of action whatsoever relating to or arising from the mediation. No party will invoke any legal process, for the purpose of compelling the Mediator to produce any documents or to testify in any judicial or quasi-judicial forum, concerning anything whatsoever about the mediation proceeding, nor to give evidence touching any aspect of the proceeding. The Mediator shall not be liable for anything done or omitted with respect to the mediation and has the immunity granted to a judge under the legislation in place in the province.
10. The Parties agree that:
a. They will not at any time before, during, or after mediation call the Mediator or anyone associated with ADR Chambers as a witness in any legal or administrative proceedings concerning this dispute. To the extent that they may have a right to call the Mediator or anyone associated with ADR Chambers as a witness, that right is hereby waived.
b. If, at any time, either party decides to call the Mediator or anyone associated with ADR Chambers as a witness in any legal or administrative proceedings concerning this dispute, that party agrees to reimburse the Mediator for whatever expenses he or she incurs in such an action, including lawyer fees, plus the Mediator’s hourly rate for time that is taken by this matter.
c. The Parties agree not to subpoena or seek any Court Order or use any other legal process in an attempt to demand the production of any records, notes, work product or the like, of the Mediator in any legal or administrative proceedings concerning this dispute. To the extent that they may have the right to demand these documents, that right is hereby waived.
d. If, at any later time, either party decides to subpoena the Mediator, the Mediator may move to quash the subpoena. That party agrees to reimburse the Mediator for whatever expenses he or she incurs in such an action, including lawyer fees, plus the Mediator’s hourly rate for time that is taken by this matter.
e. Any party calling the Mediator as a witness, issuing a subpoena against the Mediator or seeking production from the Mediator waives his/her/its right to rely upon and enforce the confidentiality provisions of this Agreement as against the Mediator.
f. If any of the foregoing provisions is found to be unenforceable, the Parties seeking to call the Mediator or anyone else associated with ADR Chambers as a witness agree to pay the then applicable hourly rate of the Mediator for the time that the Mediator spends dealing with such issues.
g. Notwithstanding the above, this Agreement to Mediate and any written agreement made and signed by the Parties as a result of mediation, may be used in any relevant proceeding, unless the Parties make a written agreement not to do so.
11. The Mediator will not provide legal representation or legal advice to any party at any time. The Mediator has no duty to assert or protect the legal rights and responsibilities of any party, to raise any issue not raised by the Parties themselves, or to determine who should participate in the mediation.
FEES AND FINANCIAL TERMS
12.
a. The account of ADR Chambers for the Mediator’s fees, disbursements, other charges and administrative costs will be split equally among all of the Parties, unless otherwise agreed. If alternate arrangements have been agreed upon, please advise our office as soon as possible.
b. The Parties and their lawyers hereby acknowledge that, notwithstanding the above-noted direction as to the payment of the account and with the exception of matters set out in paragraphs 9 (a), (b), (c), (d), (e) and (f), they remain jointly and severally liable for payment of the account if the account is not paid in full.
GENERAL
13. The Parties to this Agreement hereby opt in to the application of the Singapore Convention on Mediation, if applicable, and consent to the expedited enforcement of any settlement agreement reached in the mediation process.
14. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. This Agreement is governed by the laws of the Province of Ontario.
I have read, understood, and agree to the provisions of this Agreement, signed the
_________ day of ____________________, 20_____.
ON BEHALF OF [Plaintiff Name]
______________________________ ______________________________
(PRINT NAME) (SIGNATURE)
______________________________ ______________________________
(PRINT NAME) (SIGNATURE)
Plaintiff Counsel Name ______________________________
Firm Name (SIGNATURE)
ON BEHALF OF [Defendant Name]
______________________________ ______________________________
(PRINT NAME) (SIGNATURE)
______________________________ ______________________________
(PRINT NAME) (SIGNATURE)
Defendant Counsel Name ______________________________
Firm Name (SIGNATURE)
______________________________________ ______________________
MEDIATOR: Mediator Name Date:
Signed on his/her behalf and on behalf of ADR Chambers
