have decided to enter into the mediation process as a participant, intern or observer with the assistance of (the “Mediator”) who is providing Mediation Services on behalf of Mediation Centre Ontario Inc.
1.2. This Agreement to Mediate sets out the terms and conditions under which the mediation will proceed and is effective on the date that it is submitted.
1.3. This Agreement to Mediate shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
1.4. I understand the process of family mediation is voluntary.
1.5. I understand that the Mediator is not a judge, arbitrator, or assessor and does not represent or act on behalf of the Parties. I understand that the Mediator is an impartial facilitator.
1.6. I understand that we may participate in mediation at a distance and that technology will be used in distance mediation.
2. CONFIDENTIALITY
2.1. I understand that I am bound to the same confidentiality as the Mediator and participating parties as stated in the Agreement to Mediate:
- a)The Mediator and the Parties shall keep confidential all written and verbal information prepared, provided, disclosed, or exchanged during or for the purpose of the mediation.
- b)Notwithstanding the aforementioned, the Mediator may, at their sole discretion, disclose information about the mediation:
i. To communicate with the Parties, their lawyers or other legal representatives, and third parties retained by a Party, their lawyer, or other legal representative;
ii. Where ordered to do so by law;
iii. Where required to do so by law, including but not limited to obligations to report a child in need of protection; or
iv. Where the information indicates an actual or potential threat to human life or safety.
- c)I acknowledge that our discussions in mediation are only for the purpose of reaching an agreement regarding the issues between us. We agree not to summons or compel:
i. The Mediator, Mediation Service Provider, intern, or observer to testify or otherwise participate in any legal proceeding, including but not limited to any court or arbitration hearing; or
ii. The disclosure of any mediation documents, including the Mediator’s report. However, documents that are otherwise discoverable or admissible as evidence in a legal proceeding do not become inadmissible or non-discoverable merely because of their use during the mediation process.
3. LIMITATIONS
3.1. I understand that there is no guarantee of resolution from mediation, and that I may not be fully satisfied with the outcome. I understand the following:
3.2. The parties hereto understand that any mediation related services (the “Mediation Services”) being provided to the public is under an arrangement with His Majesty the King in right of Ontario as represented by the Attorney General (the “Ministry”). The parties hereto acknowledge that
(a) the provider of the Mediation Services and its directors, officers, employees, subcontractors, and agents are not agents, joint venturers, partners, or employees of the Ministry; and
(b) the Ministry does not assume any responsibility for any service, action, and inaction provided with respect to the Mediation Services.
3.3. In no event shall the parties hereto, either jointly or separately, hold the Ministry liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with, either directly or
indirectly, the use of the Mediation Services.
