Dispute Resolution Reference Guide


Dispute Resolution Series
Practice Module 2
Produced by Dispute Prevention and Resolution Services
Department of Justice, Canada

Appendix A: Checklist for mediation

  1. Have the parties agreed to attempt mediation?
  2. Are all directly interested parties (to the degree possible) at the table?
  3. What additional people will be present at the mediation (ie lawyers, senior executives, etc.)?
  4. Should the mediator be empowered to bring other people into the process if he/she feels that their presence would enhance the mediation?
  5. Are the parties at the table represented by people with enough authority to agree to a final resolution?
  6. Have you identified the issues to be mediated?
  7. Has a process to select a mediator been selected?
  8. Is there a mechanism for selection if the parties can't agree on a mediator?
  9. Does the mediator need to be bilingual?
  10. Has a mediation agreement been entered into which includes:

    1. the mediator's mandate?
    2. a provision for a written agreement if the dispute is resolved?
    3. the confidentiality of the process?
    4. remuneration for the mediator?
    5. acknowledgement of responsibility of the mediator?
    6. acknowledgement of responsibility of the parties?
    7. acknowledgement that all costs (ie. location rental, mediator's fee, witnesses fee, etc.) will be borne equally between the parties?
  11. Has the date and time of the mediation been determined?
  12. Has a neutral location been chosen?
  13. Have limits been set on how long the mediated sessions will take?
  14. Have any special requirements been met (ie, translation, wheelchair accessibility)?
  15. Has a procedure to be followed been established and agreed upon by all parties?
  16. If not, does the neutral have the authority to set the procedure?
  17. Is there a provision for disclosure?
  18. Will the disclosure be in advance or as required by mediator?
  19. Will any eventual agreement (Memorandum of Agreement/Intent) be subject to independent legal advice?
  20. Is it established who will draft the agreement?
  21. Is there an articulated alternative if the mediation is not successful?

Appendix B: Sample mediation agreement

See DR Clauses: Sample Mediation Agreement