北京仲裁委员会

加拿大ADR委员会调解规则

发布时间: Wed Apr 16 00:00:00 CST 2008   供稿人:

加拿大ADR委员会调解规则

 

Mediation Rules of ADR Chambers

1. Interpretation

1(1) Definitions

In these Rules, the following terms shall have the following meanings:

(a) "ADR Chambers" means ADR Chambers Inc.

(b) "Agreement" means a written agreement to mediate, executed by the parties and non-parties before the commencement of the mediation.

(c) "Appointment" means a mediation scheduled by the parties on a specific date and time with ADR Chambers.

(d) "Business Days" means Monday to Friday only (excluding Provincial and Canada statutory holidays).

(e) "Co-ordinator" means the designated individual at ADR Chambers, in charge of booking an appointment and responsible for the administrative aspects of mediations.

(f) "Confirmation Form" means the form attached as Schedule "A" to these Rules.

(g) A non-party means a person attending the mediation at the request of a party and with the consent of the mediator.

(h) "Party" means a party to a dispute, controversy or action.

(i) "Representative" means the solicitor or an authorized representative of a party.

1(2) These Rules shall be interpreted liberally, and in such a way so as to provide the parties with the most just and equitable outcome.

2. Agreement of Parties

2(1) These Rules, and all amendments to them, shall be deemed to have been made a part of any agreement which provides for mediation with an ADR Chambers mediator.

2(2) Subject to approval by ADR Chambers, these Rules may be varied at any time by agreement.

3. Initiating Mediation

3(1) Subject to availability at ADR Chambers, any party may initiate mediation by contacting the Co-ordinator and booking an appointment.

3(2) The party booking an appointment shall be responsible for contacting the other party or parties and providing them with the particulars of the appointment. Each party booked for the mediation shall be responsible for providing ADR Chambers with a confirmation form and notifying the Co-ordinator about any cancellations or changes to the appointment.

3(3) All changes to the original appointment shall be subject to availability of ADR Chambers and confirmed by the Co-ordinator.

4. Mediation Briefs

4(1) All parties shall prepare a mediation brief, containing the information set out in Schedule "B" attached to these Rules.

4(2) Mediation briefs shall be exchanged between the parties and a copy shall be delivered to ADR Chambers for review by the mediator, at least ten (10) business days before the mediation date.

5. Selection of Mediator

5(1) The parties shall be at liberty, acting unanimously, to select a particular mediator from the current panel of mediators available at ADR Chambers.

5(2) In the event that the parties cannot agree on a specific mediator, the Co-ordinator at ADR Chambers shall suggest a mediator for them.

5(3) The parties to the mediation are encouraged to meet in person or by conference call, to discuss and, if possible, determine all procedural matters, including the following:

Issues
(a) what issues are in dispute and which matters, if any, can be agreed upon;

Forum
(b) the law governing the matter;

Documents
(c) what documents, correspondence, books or records exist or can be produced, when they shall be produced or exchanged and by whom;

Inspections/Interviews
(d) whether "on site" inspections and/or interviews shall be part of the proceedings; and

Validity
(e) whether the mediation agreement is valid and in force.

6. Privacy and Confidentiality of Mediation

6(1) Agreement to Mediate:

Prior to the commencement of the mediation, all parties and non-parties attending the mediation shall execute an agreement to mediate, which outlines the purpose and procedure of the mediation, as well as its private, confidential and without prejudice nature. See the subparagraphs hereof and the ADR Chambers Agreement to Mediate.

6(2) All mediations held with ADR Chambers are private and confidential. The parties and their representatives shall attend at the mediation with full authority to settle. All other persons may only attend with the consent of the parties and the mediator.

6(3) At the mediation, each party should be prepared to make a brief oral statement explaining his or her perspective. Each party is expected to participate in the structured negotiations with the active assistance of the mediator. Each party should bring any documents needed in order to effectively negotiate. These documents will also be helpful to the mediator to understand the case but can be kept confidential on request and, in that event, will not be revealed to the other party. The mediator may caucus privately with each party during the mediation if he or she considers that it will assist the process. Any party may request a private caucus with the mediator at any time. Each party should cooperate in good faith with the mediator and each other. Each party should make every effort to attend a scheduled mediation and should cooperate to avoid any unnecessary delays.

6(4) All offers, promises and proposals, whether oral or written, actions, determinations, representations and statements (including but not limited to admissions) made in the course of the mediation by any of the parties, their agents, employees, experts or representatives and by the mediator, and all notes, documents and reports prepared or exchanged during the mediation are "without prejudice" and for the purpose of negotiation only. Such offers, promises, proposals, conduct, statements, notes, documents and reports shall not be disclosed to any third party and they shall not be offered as evidence in any arbitration, judicial or other proceeding.

6(5) Notwithstanding Rule 6(4), evidence that is otherwise admissible shall not be rendered inadmissible because it has been used in a mediation with ADR Chambers.

6(6) Neither the mediator, nor any of ADR Chambers' employees shall be compelled to appear as a witness or expert in any pending or future adversarial or judicial proceeding involving any one or more of the parties or relating in any way to the subject matter of the mediation.

7. No Transcription Record

7(1) There shall be no recording or stenographic record of the mediation.

8. Termination of Mediation

Mediation with ADR Chambers shall be terminated:

8(1) by agreement between the parties; or

8(2) if a settlement is reached by the parties; or

8(3) at any time during the mediation, if the mediator is of the view that it ought to be terminated.

9. Exclusion of Liability

9(1) ADR Chambers and its employees or agents, including the mediator and the Co-ordinator, shall not be liable to any party or representative for any act or omission howsoever arising in connection with any mediation conducted through the auspices of ADR Chambers or any of the affiliated entities of ADR Chambers Inc. A mediator from the ADR Chambers panel or such other affiliated group of ADR Chambers Inc. shall have the same immunity as that granted to a Superior Court Judge of the province where the mediation is conducted and/or where the mediator is domiciled.

10. Deposit

10(1) No deposit is required for booking a one-day mediation with ADR Chambers.

10(2) Notwithstanding Rule 10(1), if a mediation is booked for (2) days or more, there shall be paid by the party booking an appointment, a deposit of $2,000.00 per day plus applicable taxes.

11. Mediation Fees

11(1) Hourly fee

All mediations in Ontario, Quebec, and the Western Canada Region shall be subject to an hourly fee of $350.00, plus applicable taxes. In the Territories of Canada and the Atlantic Provinces, the hourly fee shall be $300.00, plus applicable taxes. The hourly fee shall be payable in respect to the reading time and the attendance of the mediator at the mediation. A full day mediation is subject to a minimum charge of 6 hours plus reading time.

11(2) A mediation booked for a half day is subject to a minimum charge of 3 hours, plus reading time. If the mediation exceeds three hours, and the mediator is available, the normal hourly rate of $350.00 plus applicable taxes, (Ontario, Quebec, and Western Canada), or $300.00 plus applicable taxes, (the Territories of Canada and the Atlantic Provinces), applies for hours in excess of three, plus reading time. Half day mediation rates for Ontario and Quebec are only available if the mediation is conducted at the head office of ADR Chambers in Toronto or in the downtown core of Toronto, Montreal or Quebec City. Otherwise, a full day mediation must be booked. A half day mediation in Quebec, the Atlantic Provinces or the Western Region may be booked if the mediator is within one hour, travel time, of the venue of the mediation. Otherwise, the full day must be booked.

11(3) The parties and their solicitors shall be jointly and severally responsible for the payment of the account rendered by ADR Chambers. When the parties execute the Agreement to Mediate, as required prior to the commencement of the mediation, they may agree between them as to how the account of ADR Chambers shall be paid, but remain jointly and severally liable to ADR Chambers if the account is not paid in full.

12. Travel

12(1) Travel and Accommodation Expenses :

For mediations outside of Toronto or outside the city of the mediators residence, there is a travel fee for the mediator of $150.00 per hour plus applicable taxes, not to exceed 4 hours, unless agreed by the parties. Other expenses might include mileage for travel by car or train, bus or plane fare, plus overnight accommodation and necessary meals. Such expenses, plus applicable taxes, will be added to the final invoice.

13. Administration Fee, Disbursements and Taxes

13(1) The administrative charges for a mediation in Toronto, at the head office of ADR Chambers, include the use of facilities, lunch and refreshments throughout the session and will vary between $350.00 and $750.00 per day plus applicable taxes, or part thereof, depending on the number of persons in attendance at the mediation, the size of the main mediation room and the number of break-out rooms used.

13(2) For mediations outside Toronto, there is no administrative charge.

13(3) Disbursements and taxes for all regions, will be set out in the final billing and may include the following:

1. Any rental charges for mediation and break-out rooms.

2. Rental charges for any equipment requested by either party or deemed necessary by the mediator for the proper conduct of the mediation.

3. Cancellation fees in relation to the rental of the venue for mediation or equipment.

4. Invoices for lunches and refreshments, as ordered from third party caterers.

5. G.S.T. or other applicable taxes on fees or disbursements.

13(4) In making rental arrangements, for facilities, equipment, lunches and refreshments, ADR Chambers does so solely as an agent of the parties and such expenses will be added as disbursements to the final account to the parties.

14. Cancellations

14(1) All mediations cancelled less than seven (7) business days prior to the mediation date, shall be subject to a cancellation fee. The cancellation fee for a half day mediation is $500.00 plus applicable taxes. The cancellation fee for a full day mediation is $1,000.00 plus applicable taxes.

PLEASE NOTE: Certain members of our group have special cancellation fee requirements. The Co-ordinator will advise you of these fees when booking and by confirmation letter.

These Rules shall become effective as of December 2000 and are subject to change without notice.

 

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