Rules Committee Seeks Input: Mandatory Mediation - Should the court be able to order participation in a mediation?

The Alberta Rules of Court Committee is seeking public and bar input on whether the court should be able to order participation in a mediation (or other ADR process). The request for comments is available here.

The RFC notes that rule 4.16 is still in effect and it places a responsibility of “good faith participation in one or more … dispute resolution processes” on all litigants.

The suggested new rules would allow the court to give directions respecting any aspect of the dispute resolution process, including:

  1. the identity of the mediator
  2. directions apportioning the parties’ responsibility for the cost of the mediator
  3. time, location, structure, conduct of the process
  4. consequences of a party’s failure to comply with directions or pay its share of the expenses.

The RFC also seeks input on whether there should be a fee charged for a JDR “to level the playing field” with private mediation.

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