Risk Mediation

Process

Only one mediation per day will be booked in my schedule.

Start and finish times are flexible with the earliest start time to be no earlier than 9.30 a.m. subject to exceptional circumstances.

Both sides must agree in advance with me to share the mediation costs equally subject to any additional agreements between the parties.

Briefs should be provided to Risk Mediation within 5 clear days before the mediation. The length of the briefs will be up to the individual counsel.

Both counsel will be required to sign a mediation agreement prior to the beginning of the mediation. A copy of the mediation agreement can be provided on request.

At the present time, I do not offer virtual mediation, and require all parties to attend in person. All counsel must attend in person. If the claimant has travel issues due to health or location of residence, the location of the mediation should be arranged such that the claimant can attend.

It is recommended that the insurance representative ensure their personal attendance if their office is in Nova Scotia. If the representative is based outside Nova Scotia, I will require that they be available by phone and that all my communications over the course of the mediation be made directly via speaker phone with both counsel and the insurance representative at the same time.

Every mediation will start with all parties together in one conference room. The initiation of a mediation between lay people and professionals demands that both sides be in attendance at the same time so that appropriate introductions are completed and so that I can review the rules of the process with all sides. Initial perceptions of fairness by all parties is paramount.

Once the initial meeting is completed, parties will move to separate rooms and caucusing will proceed. Unless requested by counsel, I will not on my own initiative request to speak only to counsel.

Aside from contact required for arranging logistical details, I will have no contact with either side prior to the mediation except for the receipt of the briefs.

If resolution is completed I will require the parties to sign a confirmation as to the amount the matter was settled for and further require the defence counsel to confirm the standards their client can provide in regard to the time it will take to have monies delivered to the claimants lawyer.