The Ontario Rules of Civil Procedure require mandatory mediation in estates, Trusts and substitute decision disputes in which the parties have commenced court proceedings. The Ontario Government has defined a mediation as a way for people to settle disputes or lawsuits outside of court. In mediation, a neutral third party – the mediator – helps the disputing parties look for a solution that works for them. Mediations are referred to as a form of alternative dispute resolution.
Arbitration is also a form of alternative dispute resolution. The difference between a mediation and arbitration in Ontario practice, is that a mediation is not binding, the mediator works to bring the parties together, thereby avoiding the need to have a result imposed upon them, which is the case with an arbitration, a form of private hearing outside of Court, in which the arbitrator acts as a private judge, and a court hearing itself. Experienced mediators and arbitrators can greatly assist parties in estates, Trusts and substitute decision disputes. A skilled mediator can temper the dispute in ways in which a court cannot, or will not. A skilled arbitrator can expedite and thereby reduce the stress and costs of a full court hearing.
