Lawyers practicing any form of litigation know that mediation
can be a client's best friend. It's an efficient,
effective, and fair mechanism to resolve clients' differences
in a timely way. In 1999, the Ontario Mandatory Mediation Program
established a pilot project to test the advantages of mediation by
making it mandatory for most civil litigation matters in Toronto,
Ottawa, and Windsor. That's right: 1999 – 24 years
ago.
To be fair, there have been minor adjustments. The Rules of
Civil Procedure have been amended to provide for mandatory
mediation in contested estates, trusts, and substitute decision
matters, but again, only in Toronto, Ottawa, and Windsor. This
leaves much of the vast backlog of cases currently before Ontario
courts without placing any obligation on the parties to explore the
possibility of a mediated solution.
