Bluestone ADR conducts mediations in Canada under a mediation agreement. The purpose of the agreement is to enable the parties to achieve a solution in this form of alternative dispute resolution format with the freedom and comfort of the protection of confidentiality afforded by the agreement. Elements of the mediation agreement include:

"THE PARTIES HERETO have agreed to convene a mediation session for the purposes of attempting to settle the dispute between them. The parties agree to the following:

THE MEDIATION PROCESS
The parties hereto have agreed to attempt to settle their dispute through the mediation process based on the terms set forth in this Agreement.

It is agreed that the mediator is a facilitator only, and is not giving or offering legal advice or any other form of professional representation. The mediator is independent, and does not represent the interests of any one party.

The parties agree that the necessary person(s) are attending on the mediation having whole authority to settle and to bind the interests of the parties thereto.

CONFIDENTIALITY
All communications at a mediation session and the Mediator's notes and records are deemed to be without prejudice settlement discussions.

The Mediator may speak privately (caucus) with each of the Parties during a mediation session. Unless a party states otherwise, the mediator may decide to share information disclosed by one party in caucus with another party in caucus if the mediator feels that this may move them towards a settlement.

The mediator and the parties will not disclose to anyone who is not a party, any information or documents that are exchanged during the mediation process except:

• with the parties' written consent;
• when ordered to do so by a Court or otherwise required to do so by law;
• when there is an actual or potential threat to human life;
• in a report or summary that a mediator is required to prepare; or
  
• when the information is non-identifiable and is to be used for research, statistical or educational purposes.

Any information or documents that are exchanged during the mediation shall be treated as confidential information and the parties agree that the deemed undertaking rule as defined by the common law shall apply [and where applicable in the context of pending litigation, Rule 30.1 of the Ontario Superior Court Rules of Court shall apply to such information or documents but the exceptions in Rule 30.1(5) to (7) shall not apply]. The parties further agree that a breach of this confidentiality clause shall constitute a contempt of the court in any such pending action.

THE MEDIATOR WILL NOT BE CALLED AS A WITNESS ON ANY PROCEEDING
The parties hereto agree that the mediator will not be called as a witness to give any testimony as to any events concerning, or taking place on the mediation including but not restricted to any oral or written communications or representations made at any stage of the mediation. The parties also agree that they will not summons or seek disclosure of or access or any production of any documents prepared for or used in connection with the mediation, including but not limited to any records, notes or memoranda prepared by the mediator other than this Mediation Agreement. The parties, or the mediator, are entitled to produce and rely upon this Mediation Agreement so as to establish the terms and conditions upon which the mediation was convened.

PRE-MEDIATION INFORMATION AND REPRESENTATIONS
To facilitate an understanding of the dispute, and to optimize the mediation process, the parties hereto agree to provide a brief written summary of the dispute and their position on same, together with key relevant documents, no less than four (4) days prior to the mediation session.

LIABILITY
The mediator shall not be liable for anything done or omitted with respect to the mediation and has the immunity granted to a judge under the Courts of Justice Act.

TERMINATION
The mediator can exercise the discretion to terminate the mediation at any time.

It is recalled that each parties' participation in the mediation is voluntary. While each party intends to participation in a mediation in an attempt to reach settlement, each party or the mediator may withdraw from the mediation at any time for any reason.

CONSENT TO THIS AGREEMENT
Each of us has read this Agreement and agrees to proceed with the mediation on the terms contained herein."

Bluestone ADR - Your alternative dispute resolution service provider in Canada.