ADR Mechanisms within the Court Process

Course Code: ADR 5001

Academic Year: 2020-2021

For civil disputes in the Ontario Small Claims Court and the Ontario Superior Court of Justice, this course examines the role of mediation and pre-trials in settling litigated disputes while adhering to the Alternative Dispute Resolution (ADR) Ontario Code of Conduct to conduct all proceedings in accordance with applicable law. In particular, the requirements of mandatory mediation in the Superior Court of Justice are explored from the perspective of the mediator; the parties and their representatives; rules of evidence; the rules of civil procedure; and how to maximize the results from such settlement processes is discussed. The use of case management in the court process, in so far as it impacts the time and cost of litigating, and the role of the case conference, settlement conference and trial management conference in resolving issues and advancing the court proceeding are addressed. In the Ontario Small Claims Court, the role of mediators, court referees and court agents are analyzed in enhancing pre-trial outcomes and achieving settlements.