End of Appointment
10.
A mediator's appointment terminates if:
a. the mediator is required to withdraw under Section 8;
b. the mediator withdraws from office for any reason; or
c. the Parties agree to the termination.
11.
If a mediator's appointment terminates, a replacement mediator will be appointed using
the procedure in Sections 3 to 5 and the required time period commences from the date of
termination of the appointment.
Representation
12.
A Party may attend a mediation with or without legal counsel.
13.
If a mediator is a lawyer, the mediator must not act as legal counsel for any Party.
14.
At the commencement of the first meeting of a mediation, each Party will advise the
mediator and the other Parties of any limitations on the authority of its representatives.
Conduct of Mediation
15.
The Parties will:
a) make a serious attempt to resolve the Disagreement by:
i.
identifying underlying interests,
ii.
isolating points of agreement and Disagreement,
iii.
exploring alternative solutions, and
iv.
considering compromises or accommodations; and
b) cooperate fully with the mediator and give prompt attention to, and respond to, all
communications from the mediator.
16.
A mediator may conduct a mediation in any manner the mediator considers necessary and
appropriate to assist the Parties to resolve the Disagreement in a fair, efficient and costeffective manner.
17.
Within 7 days of appointment of a mediator, each Party will deliver a brief written
summary to the mediator of the relevant facts, the issues in the Disagreement, and its
viewpoint in respect of them and the mediator will deliver copies of the summaries to
each Party at the end of the 7 day period.
18.
A mediator may conduct a mediation in joint meetings or private caucus convened at
locations the mediator designates after consulting the Parties.
19.
Disclosures made by any Party to a mediator in private caucus must not be disclosed by
the mediator to any other Party without the consent of the disclosing Party.
20.
No transcript or recording will be kept of a mediation meeting but this does not prevent a
person from keeping notes of the negotiations.
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