Tactical Move: Requesting A Mediation Under Section 258.6(1) Of The Insurance Act

Can plaintiffs request a mediation to take place even before things, such as discoveries, have occurred? Section 258.6(1) of the Insurance Act, a provision that is not well known, actually provides for mandatory mediations. The provision states the following:

Mediation

258.6 (1)  A person making a claim for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile and an insurer that is defending an action in respect of the claim on behalf of an insured or that receives a notice under clause 258.3 (1) (b) in respect of the claim shall, on the request of either of them, participate in a mediation of the claim in accordance with the procedures prescribed by the regulations.