Dispute Resolution Services
Marginal note:Order for dispute resolution conference
386. (1) The Court may order that a proceeding, or any issue in a proceeding, be referred to a dispute resolution conference, to be conducted in accordance with rules 387 to 389 and any directions set out in the order.
Marginal note:Time limit for dispute resolution conference
(2) Unless the Court orders otherwise, a dispute resolution conference shall be completed within 30 days.
387. A dispute resolution conference shall be conducted by a case management judge or prothonotary assigned under paragraph 383(c), who may
(a) conduct a mediation, to assist the parties by meeting with them together or separately to encourage and facilitate discussion between them in an attempt to reach a mutually acceptable resolution of the dispute;
(b) conduct an early neutral evaluation of a proceeding, to evaluate the relative strengths and weaknesses of the positions advanced by the parties and render a non-binding opinion as to the probable outcome of the proceeding; or
(c) conduct a mini-trial, presiding over presentation by counsel for the parties of their best case and rendering a non-binding opinion as to the probable outcome of the proceeding.
388. Discussions in a dispute resolution conference and documents prepared for the purposes of such a conference are confidential and shall not be disclosed.
Marginal note:Notice of settlement
389. (1) Where a settlement of all or part of a proceeding is reached at a dispute resolution conference,
(a) it shall be reduced to writing and signed by the parties or their solicitors; and
(b) a notice of settlement in Form 389 shall be filed within 10 days after the settlement is reached.
Marginal note:Report of partial settlement
(2) Where a settlement of only part of a proceeding is reached at a dispute resolution conference, the case management judge shall make an order setting out the issues that have not been resolved and giving such directions as he or she considers necessary for their adjudication.
Marginal note:Notice of failure to settle
(3) Where no settlement can be reached at a dispute resolution conference, the case management judge shall record that fact on the Court file.
Marginal note:Stay of proceedings
390. On motion, a case management judge or a prothonotary assigned under paragraph 383(c) may, by order, stay a proceeding, including a proceeding that has previously been stayed, for a period of not more than six months, on the ground that the parties have undertaken to refer the subject-matter of the proceeding to an alternative means of dispute resolution, other than a dispute resolution conference referred to in rule 386.
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