Overview

Ontario’s Mandatory Mediation Program (MMP) offers an alternate dispute resolution process within the traditional civil justice system. The MMP applies in Toronto, Ottawa and Essex County (Windsor) to:

People involved in cases using mandatory mediation in these three jurisdictions can hire private-sector mediators from local mediation rosters. People can also hire a non-roster mediator to mediate their case. If parties cannot agree on the selection of a mediator, the local mediation coordinator will appoint a mediator from the roster. 

Local mediation committees

Local Mediation Committees established in Toronto, Ottawa and Windsor supervise a system of mandatory referral to mediation in their respective communities. The responsibilities of local mediation committees, as described in rule 24.1, include:

  • creating and maintaining a current list of mediators that meet the Ministry of the Attorney General’s guidelines
  • monitoring the performance of mediators on the roster
  • receiving and responding to complaints about mediators on the roster

Committees will ensure that rosters meet the particular needs of their communities and have mediators who can work in both official languages.

Local mediation committee guidelines

The Ministry of the Attorney General has developed provincial standards to assist local mediation committees when they are assessing candidates who want to be placed on the roster. Individual candidates are assessed on the following criteria:

  • experience as mediator
  • training in mediation
  • educational background
  • knowledge of the civil justice system
  • references

How to apply

Follow the steps below to apply to be a part of the mandatory mediation rosters in Toronto, Ottawa or Essex County (Windsor):

  1. Complete the Ontario Mandatory Mediation Program application form.
  2. Submit three written references that directly address your mediation experience with your application form. At least two references must be from people you have mediated for or with.
  3. Submit one original and four copies of your completed application by mail to:

Ministry of the Attorney General

Re: Mediator Application
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9

How candidates are scored

Your application will be assessed by members of the applicable local mediation committee according to the selection criteria noted below.

You must score at least 60 out of 100 points in the following three categories to qualify for the roster:

  • experience as a mediator, training in mediation and education
  • knowledge of the civil justice system
  • references

Experience as a mediator, training in mediation and education

You must have conducted at least five mediations, as a sole or co-mediator, and must score the following points:

  • at least 40 points, out of a possible 65 points, in sections A–D
  • at least 20 points, out of a possible 45 points, in sections A and C

Paid or volunteer mediation experience can include:

  • counseling
  • pastoral care
  • social or legal work
  • work with or within agencies, boards, commissions or tribunals and
  • work in workplaces where dispute resolution or conflict management is a responsibility

  1. Number of mediations (score for one class only):

    • 5–10 mediations: up to 10 points
    • 11–20 mediations: up to 15 points
    • over 20 mediations: up to 20 points

  1. Role in mediations (score for one class only)

    • 60% or more of mediations done as observer or student with feedback from instructor: up to 5 points
    • 60% or more of mediations done as co-mediator: up to 10 points
    • 60% or more of mediations done as sole mediator: up to 15 points

  1. Training in mediation (score for one class only):

    • 40–50 hours of mediation training: up to 15 points
    • over 50 hours of training: up to 25 points

    You must show a commitment to maintaining or upgrading your professional skills in mediation, dispute resolution theory and techniques. You will be scored based on:

    • hours of training received
    • nature of training received, including theory, practical or a combination
    • topics covered in your training, for example interest-based mediation, conflict analysis, negotiation, ethics, confidentiality, role-playing, cross-cultural sensitivity and power imbalances
    • your involvement in dispute resolution, mentoring or training programs, including role (lead, assistant, etc.) and the nature and length of your involvement
    • public speaking or teaching of dispute resolution you have done at schools, colleges, universities or in any other community forums
    • any role you have taken in the development of training courses and material

    You must have a minimum of 40 hours training. The local mediation committee may grant an exception to mediators or trainers with significant relevant experience.

  1. Educational background and related experience:

    This category accounts for up to five points.

    You will be scored based on:

    • your education and any professional designation
    • the disciplines in which you are trained
    • how those disciplines are connected to mediation

Knowledge of the civil justice system

You must score at least 20 out of a possible 30 points.

You should understand how mediation supports the civil justice system and be familiar with:

References

This category accounts for up to five points.

You will be asked for three references to speak about your mediation skills and commitment to mediation values and principles.

After you apply

The local mediation committee in the location where you applied will have the sole discretion to determine who will be selected for the roster. The Committee will review your application and notify you by email whether or not you are successful. They may interview you or appoint you to the roster without an interview.

If you qualify to be on the roster, you must:

  • provide mediation services for a fee regulated under the Administration of Justice Act
  • attend an orientation session and any other training
  • work within:
  • maintain with proof, professional liability insurance with a minimum coverage of $1 million
  • provide up to 12 hours of pro bono mediations per year under the Mandatory Mediation Program’s access plan
  • act as a mentor, if requested, under the Mandatory Mediation Program's mentoring policy
  • participate in program evaluations as required, including providing statistical information
  • pay any fees that may be required