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Jane C. Demaray Jane C. Demaray

CIVIL & COMMERCIAL CASES:

how to set up a mediation

contents of this section

Jane C. Demaray

Jane C. Demaray
Jane C. Demaray
Jane C. Demaray
Jane C. Demaray
Jane C. Demaray

  deciding whether I am the mediator for your case:

This site is designed to provide as much information as possible to those considering my appointment as their mediator. Check out my home page and click to access my résumé, my fees and cancellation information, and my calendar. If there is any further information you need that I have not provided here, please feel free to e-mail me or phone at (416) 975-5167.

Please do not ask to book space on my calendar while any other mediator is still being considered for the case - it is unfair. This process is for those who have already decided on me.

  the date for the mediation:

Once it has been decided that I am to be appointed as your mediator, please consult my calendar on this site for my available days, and consult with all other counsel and with clients to determine a date that works for everyone.

  putting your mediation date on hold:

Negotiating dates can be difficult. You may feel that a date will probably work, but you have one final straggler to line up and you don't want to lose your date in the meantime. If you find yourself in such a position, you may send me an e-mail asking me to hold the date for you, subject to later confirmation.

While the date for your case is on hold, I will not commit that date to anyone else. If someone contacts me to say they want that date, I will come back to you and give you a chance to firm up the date before responding to their request.

When all counsel and parties have agreed on a date, and my calendar indicates that I am available on that date ("open"), one counsel is to send me an e-mail on behalf of all participants (copying the message to the other people involved). Please make that e-mail very brief. All I need is this:

  • the name and contact information of the sender;
  • the complete name of the case and the Court file number;
  • a rough estimate of the time we will need;
  • the date you want to hold; and;
  • complete names and contact information for all counsel and any unrepresented parties involved in the case.

Jane C. Demaray

When I receive your e-mail request I will put your date on 'hold' in my calendar, and confirm having done so by return e-mail to the sender.

  my conflict of interest search:

I cannot make a firm commitment to accept your case until I have made a search as to any possible conflict of interest and obtained a clear result. This is why I need the complete name of the case as soon as you can get it to me. My 'hold' on your date will keep it secure while the conflict search is being made.

  confirmation of your mediation date:

Once (a)   I advise you that my conflict search is clear, and
(b)   you advise me that all counsel and parties have agreed to the date on hold,

your date will become firm, and will be marked "N/A" (not available) on the online calendar.

  length of the mediation session:

While mediations can often be successfully conducted in 4 or 5 hours, I find the standard appointment of 3 hours is a bit short. Therefore, even if the case is booked with me as a standard 3-hour appointment, I always set aside some extra time after those 3 hours in case the mediation is going well and we want some extra time. I ask counsel and the parties to do likewise.

This does not cause any prejudice to the parties, because I do not bill in blocks like "half-day" and "whole-day", which can result in the parties paying for professional time they don't get: except for 1 hour of preparation & administration, I bill only for the time we actually use in mediation.

Finally, if counsel believes the mediation session is likely to run for a full day into the evening, and possibly longer, please advise me so I can set aside extended time for the session. For myself, I do not mind longer sessions, but mediation can be grueling for the parties, and it may be wise to confer as to the possibility of dividing the session up, if that is possible, so that fatigue and family and business obligations do not become a stressing factor in the mediation.

  terms of mediation:

I conduct mediations upon the Terms of Mediation that are set out on this site. You can refer to the text of the Terms in full by clicking the side tab "Terms of Mediation".

I encourage counsel to consider referring clients to this site and to these Terms, in particular, as a means of orienting them to the mediation process. Counsel may also find the Terms useful as a springboard from which to answer questions and give such advice as may be necessary in preparing clients for mediation.

  agreement to mediate:

With respect to civil and commercial matters, I require a written Agreement to Mediate in any dispute in which no litigation has been commenced, and also in any action issued in a region where there is no Court mediation project.

In those regions in which there is a Court mediation project, once litigation is in progress, I consider that common law and the Rules of Civil Procedure are sufficient to govern the mediation process. I do not ordinarily request a formal Agreement to Mediate in those circumstances.

If counsel or any of the parties wishes to have a formal Agreement to Mediate anyway, I do not object. My preferred form of Agreement to Mediate is set out on this site. You can review that Agreement in full by clicking the side tab "Sample Mediation Agreement". You will note that my Terms of Mediation are incorporated in that form.

  premises for mediation:

I do not have premises to provide for the mediation session, and I do not get involved in making arrangements for space. Counsel are to take all steps to arrange for appropriate space.

Generally, I am happy to attend wherever counsel may agree that the mediation session is to be held. My only requirement is that all clients are comfortable in attending at the premises chosen. If any client is not comfortable - for example, if a client takes exception to attending for mediation in the offices of opposing counsel - that client must be accommodated by our holding the mediation elsewhere.

As for the number of rooms, I am content to work with one main meeting room and one break-out room. Counsel may wish to have more space, but more space represents more expense for the parties, so I leave the issue to counsel to decide.

I understand that some mediators require a separate room for their own use during the mediation. I do not require such a room.

  statement of issues & other materials for mediation:

A. what is to be served & by whom:

As provided by the Rules, the plaintiff is to provide me with copies of the pleadings.

The other document to be served is a Statement of Issues, which is a prescribed form under 24.1 of the Ontario Rules of Civil Procedure. Each party must prepare such a Statement, a copy of which is to be provided to me and to every other party.

Note: The Statement of Issues is designed to be a concise document, and its terms provide that a small number of documents that are critical to the case may be attached to it.

Please do not send me your brief of documentary productions. This is not contemplated by the Rules, nor by the Statement of Issues. It is not is not appropriate for mediation and I will not read such material.

B. when documents are to be served on me:

The Rules provide that service is to be made 7 days ahead of the mediation session.

I do not require that much notice. I do ask that counsel get materials to me three (3) business days ahead of the mediation session.

C. IMPORTANT -- address for service on me:

Since I moved my office, I have been having trouble with service of mediation materials, partly because Canada Post will not forward mail for businesses that were subtenants, and partly because people rely on internet listings that are out-of-date -- and it is impossible to get information off the internet once it is on, even when it is wrong!

So please note the following:

My address for service of documents & correspondence is:

Jane C. Demaray
Mediator/Arbitrator
71 Oakwood Avenue, Unit #2
Toronto, ON M6H 2V7

If sending material by courier, please instruct your courier "no signature required".

A secure drop-box is provided for delivery of documents if you wish to use it.

Please note that I no longer have fax.

D. the form In which documents are to be served on me:

Generally, mediation materials may be mailed or delivered to me at the address above by courier.

If the material is relatively short (under 20 pages, say), you may also send it to me by e-mail. If it is bigger than that, please send it by mail or courier -- or, if you like, you can send bigger materials by e-mail for my review prior to the session, and then provide me a bound copy at the session for my use there.

  report & billing:

After the mediation session, as soon as I reasonably can, I will forward a copy of my account to all counsel by e-mail.

My accounts state the date(s) of all mediation attendances, the number of hours spent in and out of the session(s), and the hourly rate and H.S.T. charged. If the account is to be divided between the parties, that allocation is calculated on the face of the account and the amount payable by each party is stated. If monies were paid to me by way of deposit(s), the manner in which those monies have been applied is also shown on the account.

A reporting letter to counsel will follow by post enclosing a hard copy of my account and, in those regions where there is a Court mediation project, a copy of the required Report to the Local Mediation Coordinator. The Report to the Coordinator is sent directly to that office at the same time. Generally, I mail these materials within one business week after the mediation session.