Courts have an "obligation in the context of active case management" to promote other methods such as ADR for dispute resolution. In other words, it is the duty of the court to assist the parties in resolving the dispute, but it is also the responsibility of the parties to facilitate this process whenever possible. There are some companies that provide the best ADR services in Canada.
Fees for unreasonably failed placements
If either party fails to mediate improperly, the court may charge an “unfavorable” fee. There is a minimum requirement to be present in order to avoid adverse costs and to have acceptable reasons why you cannot mediate.
The term "unreasonable" is not clearly defined. The best practice is to go through suggestions and extend mediation sessions. If it doesn't work, you've already tried. They can also solve some problems.
A mediation certificate is important because it states whether the parties agree to mediation, more importantly, if they do not agree to mediation, as the statement says.
The second function of this certificate is to verify that legal representatives have certified that mediation is available to them, explain the costs of mediation versus litigation, and explain the contents of the PD31.
Stay of legal proceedings
At any time during litigation, the parties may opt for mediation in order to try to resolve their differences. Providing they do not conflict with any "milestone dates'', the court will allow a short break to start mediation.
Milestone dates such as case management conferences, pre-trial review and trial date, stay of legal procedures will not be granted in an attempt to reduce delays in court proceedings.
If the parties come to an agreement during the time of mediation, they will have to inform the court and formally close the proceedings. If an agreement is not reached within that time, the previous proceedings will continue.