Mediation is an alternative to the adversarial form of dispute resolution used for centuries to settle disputes. Mediation is not a trial, arbitration or adjudication, in which a court, person or board formally determines the rights and obligations of parties and imposes a decision on them. Mediators are neutral third parties who facilitate settlement discussions in an informal setting, to help seek constructive and mutually acceptable solutions to conflicts.

The Ontario Mandatory Mediation Program, started in 1999, is governed by Rule 24.1 of the Rules of Civil Procedure. Rule 24.1 requires cases in some Ontario jurisdictions to be mediated after the exchange of legal pleadings. These are known as "court-connected" or "mandatory" or "Rule 24" mediations.

Finding a Mediator – The Choice Can Be Yours

For private mediations (not court-connected) you should select the mediator whose credentials and experience best match the issues that need resolution. For court-connected mediations, the parties' lawyers have the opportunity to choose a mediator within 30 days after the first Defence is filed. If the lawyers fail to do so, a mediator will be assigned from the Ontario Attorney General’s Roster of Mediators, without any input from the lawyers or the parties as to the selection of mediator.

ADR Ottawa mediators handle private mediations, as well as mediations under the Ontario Mandatory Mediation Program. Since 2001, we have handled many hundreds of court-connected mediations. Those who wish to select an ADR Ottawa mediator in court-connected cases, should do so not later than 30 days after the first Defence is filed (e.g., Notice of Intent to Defend or Statement of Defence) using a Form 24.1A.

You can easily arrange mediations or arbitrations with ADR Ottawa by using our convenient online calendar or you may contact us to inquire about availability.

The ADR Ottawa Mediation Process

Mediations are conducted “without prejudice” in a confidential manner that encourages parties to communicate with each other in a spirit of openness and candour. ADR Ottawa provides a mediation agreement, which reflect these principles for all mediations, whether they are court-connected or non-litigation matters.

Mandatory Mediations are not required to exceed three hours but the parties may continue beyond that time. After the basic three-hour period, ADR Ottawa’s fees are based on an hourly rate. In non-mandatory mediations, the parties may determine the number of sessions they will need and their duration.

Mediations may be held in the offices of the lawyers for the parties, at the local courthouse using designated rooms, at a court reporter’s offices or other off-site facilities. Kindly contact us to discuss issues related to the location of the mediation.

Settlements are created, approved or declined by the parties and their lawyers. If a settlement cannot be reached, ADR Ottawa mediators will help narrow the issues, so the next time the parties discuss settlement, a resolution is more likely. In other words, the end of a mediation session is not necessarily the end of the settlement process. If an agreement is reached, ADR Ottawa has draft settlement agreements that may be used to document the terms of the settlement.

Arbitration is a process in which disputing parties present their cases, with or without the assistance of legal counsel, to an impartial third-party arbitrator who renders a binding or non-binding decision or “award” (depending on the terms of reference).

The process is generally governed by provincial legislation. Arbitration is an alternative to a trial in a court of law. The process is similar in the sense that it is an adjudicative process but different in that it is much less formal. An arbitrator's decision in a binding arbitration is subject only to limited rights of appeal.

ADR Ottawa – the Arbitration Specialists

ADR Ottawa arbitrators are highly skilled and experienced. We have handled private arbitrations and our arbitrators have served with distinction on administrative tribunals in which they have adjudicated hundreds of cases in both English and French. We are highly qualified to conduct complex quasi-judicial processes, ensuring procedural fairness, careful consideration of the evidence and well-written arbitral awards and decisions.

We provide comprehensive, practical training on negotiation, conflict resolution, mediation and workplace investigation for human resource professionals, public servants, private sector employees, lawyers and consultants.

Important topics include: collaborative negotiation; communication skills applied to conflicts; managing impasses; dealing with issues of power; key skills for effective mediation; how to conduct workplace investigations; and ensuring procedural fairness in administrative investigations.

Harassment and other administrative investigations are generally conducted in the workplace pursuant to institutional harassment and discrimination policies, codes of ethics and other applicable policies. Allegations of harassment may involve inappropriate words or conduct - or sexual harassment - or abuse of authority. The investigation process involves interviewing witnesses, examining and weighing evidence and writing reports with detailed analysis and findings.

ADR Ottawa – Investigating and Resolving Conflict in the Workplace

ADR Ottawa professionals have performed administrative investigations and fact-finding examinations in a wide variety of government departments and agencies, large educational institutions, Canadian military bases and private-sector organizations. We specialize in the application and interpretation of policies designed to prevent harassment and discrimination and in human rights legislation. We have also performed many investigations involving other forms of alleged misconduct, including conflicts of interest, and breaches of ethics, security and privacy. These investigations involved individuals of every seniority level, up to and including Assistant Deputy Minister, senior military and RCMP officers, and high-ranking Governor-in-Council appointees. Our work in this area comprises the design and implementation of investigation protocol, interviewing witnesses, examining documents, analyzing evidence and preparing detailed investigation reports with findings based on relevancy, credibility and applicable policy, legislative and/or regulatory obligations. We have performed numerous complex investigations and fact-findings within and on behalf of many organizations, including:

• Aboriginal Business Canada
• Algonquin College
• Canada Border Services Agency
• Canadian Forces Morale and Welfare Services
• Canadian Human Rights Tribunal
• Canadian Nuclear Safety Commission
• Canadian Space Agency
• Children’s Hospital of Eastern Ontario (CHEO)
• Commissioner for Federal Judicial Affairs Canada
• Conflict of Interest and Ethics Commissioner
• Cornwall Police Service
• Engineers Canada
• Export Development Canada
• First Nations Information Governance Centre
• Global Affairs Canada (formerly Department of Foreign Affairs and International Trade)
• Health Canada
• House of Commons
• Indian Residential Schools Resolution Canada
• Industry Canada
• Justice Canada
• Lakehead University
• Laurentian University
• Loyalist College
• National Capital Commission
• Native Women's Association of Canada
• Ottawa Carleton District School Board
• Ottawa Community Housing
• Ottawa Police Service
• Parks Canada
• Parliamentary Protective Service
• Parole Board of Canada
• Public Prosecution Service of Canada
• Public Safety Canada (formerly Solicitor General of Canada)
• Privy Council Office
• RCMP
• Rogers Communications
• Senate of Canada
• Senate Ethics Office
• Transport Canada
• University of Ottawa
• Upper Canada District School Board
• Veteran’s Affairs Canada
• Wabano Centre for Aboriginal Health