Are you a legal professional who assumes that, regardless of outcome, the parties to a dispute always split the cost of the mediator 50/50? Or, do you assume, that, if the case settles at mediation, the defendant pays 100% of the mediator’s fees?
Occasionally, and with a certain audience, I will explain mediation confidentiality to some (but not all) mediation participants by making reference to the advertising slogan—“what happens here, stays here”—put out by the Las Vegas Convention and Visitors Authority in 2003 and their Visit Las Vegas TV commercials (or, the less-than-mediocre romcom “What Happens in Vegas”,
At the time I completed my last mediation blog of last year, 2021: The Year in ADR – Noteworthy Court Decisions About Not Going to Court. What to Watch for in 2022, I didn’t realize I was witnessing a what-to-watch-for trend in 2022 that I can now report on: Voluntary Pre-Litigation Mediation (“VPLM”).
As much as Alternative Dispute Resolution (“ADR”)—including negotiation, mediation, arbitration, and med-arb—is about avoiding court, ultimately, it’s the courts that may decide to hear your case, or some part of it—even though you and/or your opponent agreed otherwise. So, here are new and noteworthy Ontario and Supreme Court of Canada decisions about making mediation public,