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17 March 2021 / Jennifer Egsgard
Issue: 7925 / Categories: Features , Profession , Mediation , International justice , ADR
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Should mediation be mandatory?

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Mandatory mediation: an impossible contradiction? Not in Ontario, Canada. Jennifer Egsgard reports.
  • Mandatory mediation in Ontario: how it works.
  • Evaluation of Ontario’s Mandatory Mediation Program.
  • Current lawyer views on Ontario Mandatory Mediation Program.
  • Increase in virtual mediations with COVID-19.

Should mediation ever be mandatory? While a subject of debate in the UK, nearly 20 years ago Ontario rule-makers answered ‘yes’ to this question. Since then, in three major cities mediation has been required in most civil litigation. Mandatory mediation in Ontario was shown to decrease time to settle cases, decrease cost to litigants, and increase satisfaction among lawyers and parties, among other benefits. Recent surveys of Ontario lawyers indicate that the vast majority of respondents would like mandatory mediation to be geographically expanded, showing satisfaction with the program. In September 2020, the Ontario Bar Association and other Ontario lawyer groups made formal recommendations to the Attorney General of Ontario that mandatory mediation be expanded geographically, and these recommendations are currently being considered by the government. Given the

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DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

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Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

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Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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