Mediation Rules

Counsel participating in Mediations are requested to review with their clients and other attendees at a Mediation, the Mediation Rules governing its conduct. They can be accessed via these LINKs below:

For the most part, the Mediation Rules reflect those of the ADR Institute of Canada Inc.
If interested in retaining Peter Annis to conduct a Mediation, please visit Terms.

Article 1: Independence & Impartiality

Unless otherwise agreed by the parties after full disclosure, the mediator shall not act as an advocate for any party to the Mediation and shall be and shall remain at all times during the Mediation:

wholly independent;
wholly impartial; and
free of any personal interest or other conflict of interest in respect of the Mediation.

Both before and after accepting an appointment to conduct a Mediation, the mediator shall disclose to the Institute and the parties in writing any circumstance that could potentially give rise to a reasonable apprehension of a lack of independence or impartiality or conflict of interest in the Mediation of a dispute. Should any such circumstance be so disclosed, the mediator must immediately notify the parties of it. If any party objects in writing to the mediator based on any such disclosure, or other relevant and persuasive information provided, the mediator shall immediately withdraw from the Mediation.

Article 2: Role & Authority of the Mediator

The mediator is a neutral facilitator who will assist the Parties to reach their own settlement. The mediator does not offer legal advice and has no duty to assert or protect the legal rights of any Party, to raise any issue not raised by the Parties or to determine who should participate in the Mediation, apart from circumstances of disruptive or unacceptable behaviour.
The mediator may express views or opinions on the matters at issue, and may identify evaluative approaches, and if done so, it shall not be construed as either advocacy on behalf of a party or as legal or professional advice to a party. The parties shall always rely exclusively on their own advisors for legal and professional advice.
The mediator shall attempt to assist the parties to reach a satisfactory y resolution of their dispute but has no authority to impose a settlement and must respect the principle of self-determination of the parties. The mediator is authorized to conduct joint and separate sessions with the parties at the discretion of the mediator.
If the parties are unable to reach a settlement in the Mediation process, and if all parties and the mediator agree, the mediator may produce for the parties a non-binding recommendation for terms of settlement. This recommendation shall be the mediator’s reasonable attempt to find acceptable settlement terms.
The mediator has no duty to ensure the enforceability or validity of any agreement reached, or to take any responsibility for its drafting. No liability attaches from the opinions or views expressed regarding the agreement reached, which are assumed to be provided in good faith and not to be relied upon without independent verification.
The mediator may advise the participants in a Mediation that because a mediator is not normally subject to being subpoenaed, any representation relied upon and significantly contributing to the settlement of the dispute, should be expressly set out in writing in the settlement agreement as a condition precedent, which in any anticipated or litigious proceeding may require all relevant ensuing facts arising in the Mediation to be disclosed, including in any complaint the Law Society concerning the conduct of lawyers during the Mediation.

Article 3: Representation & Attendance

Each party must attend the Mediation. The name and address of any lawyer or agent who intends to attend the Mediation must be communicated, in writing, to the mediator and to other parties at least three days before the first Mediation session. If any party intends to have any other individuals, such as experts, advisors, or any other persons, attend the Mediation, the name(s) and capacity of such individuals must be communicated to the mediator and the other parties at least (5) days before a Mediation session.
If any party objects to the attendance of any person at the Mediation, they shall inform the mediator in writing as soon as reasonably possible after learning of the disputed attendance of their objection with and reasons supporting it. The mediator will consult with the parties, and decide on the person’s attendance with any stipulations or conditions that may apply if permitting the person’s attendance.
Parties who attend the Mediation must have authority to settle the dispute.
The Mediation shall be held in private. Only those persons authorized by this Article may attend, unless otherwise agreed by the parties.

Article 4: Confidentiality & Disclosure

The mediator shall inform the parties, and anyone involved in, or having access to information relating to the Mediation, of the private and confidential nature of Mediation.
Mediation conferences and related Mediation communications are private proceedings. The parties and their representatives may attend Mediation conferences. Other persons may attend only with the permission of the parties and with the consent of the mediator.
Unless the parties agree otherwise, there shall be no stenographic or electronic record of the Mediation process.
Subject only to the parties’ written agreement or requirements of the law, the mediator, the parties, their experts and advisors, and any other persons who accompany the parties to the Mediation shall keep confidential all information, documents, and communications that are created, disclosed, received, or made available in connection with the Mediation not available to the public except:

when the information or documents disclose an actual or significant potential serious criminal threat to humans or society;
in respect of any report or summary that is required to be prepared by the mediator; or
where the data about the Mediation is for research and education purposes, and where the parties and the dispute are not, and may not reasonably be anticipated to be, identified by any such disclosure; or

The mediator shall destroy all substantive materials relating to the Mediation within 30 days of its completion and advise other non-party attendees and obtain their commitment to abide by similar obligations of confidentiality as are provided for in this Article.
A mediator holding private sessions (including breakout sessions and caucuses) with one or more parties, shall discuss the nature of such sessions with all parties before commencing such sessions. In particular, the mediator shall inform the parties of any limits to confidentiality applicable to information disclosed during private sessions.
The parties agree that Mediation sessions are without prejudice settlement negotiations and disclosures are inadmissible in any further litigation or Arbitration except to the extent required by law. The parties agree not to subpoena or otherwise require the mediator to testify or produce records or notes in any future proceedings. No transcripts or videos of the Meditation shall be kept by any party of the proceedings.
The parties agree that they will not rely on or introduce as evidence in subsequent arbitral or judicial proceedings any of the following, except for information otherwise produced through the discovery process:

any views expressed, suggestions made, or offers made to or received from any other party in respect of the possible settlement of the dispute;
any admissions made by any other party in the course of the Mediation;
the fact that any other party had indicated a willingness to accept a proposal or recommendation for settlement made by the mediator; or
proposals made or views expressed by the mediator.

The mediator may advise the parties, that because a mediator is not normally subject to being subpoenaed, any representation of another party relied upon and significantly contributing to the settlement of the dispute, should be expressly set out as a condition in the written agreement.

Article 5: Quality of the Process

The mediator shall conduct Mediations in a manner that permits the parties to participate effectively in the Mediation and that encourages respect among the parties.
The mediator shall make reasonable efforts before Mediation is initiated or at the start of the Mediation to ensure that the parties understand the Mediation process.
The mediator may raise ethical concerns (including, without limitation, the furtherance of a crime or a deliberate deception) may take appropriate action, which may include adjourning or terminating the process.

Article 6: Termination or Suspension of Mediation

Subject to sub-article 2, the mediator shall suspend or terminate the Mediation, if one of the parties so requests in writing and after hearing the other parties responding views, or conversely, if the mediator concludes in writing after discussing with the parties, that further efforts to resolve the dispute do not be appear to be useful at that point of time.
The mediator may in writing suspend the Mediation until a future termination date, not to succeed 30 days, which unless the parties request its resumption in writing prior to that date, will result in its termination.

If requiring further information, you may contact me at the coordinates in the footer below or on the Terms page.