Part I

1. In these rules, unless the context otherwise requires,
1. "day" means a full 24-hour day but does not include Saturday, Sunday or a holiday as defined in the Interpretation Act (Canada);
2. "Institute" means the Arbitration and Mediation Institute of Canada, Inc.;
3. "Mediation" means the use of a neutral third party to help the parties to resolve a dispute;
4. "Mediation Agreement" means a written agreement between the parties, or a clause or provision in a written agreement between the parties, which requires the submission of present or future disputes between them to mediation;
5. "Mediator" means the neutral person or persons, engaged to help the parties to resolve a dispute;
6. "Rules" means these Rules of the Institute for the Conduct of Commercial Mediation;
7. "Settlement Agreement" means a written agreement executed by the parties, on the advice of counsel where required, which resolves the dispute between them.

Initiating Mediation

2. Whenever the parties have by agreement provided for the mediation of their existing or future dispute(s) in accordance with these Rules, they shall be deemed to have incorporated these Rules into their Mediation Agreement.
3. Any party to a dispute may initiate mediation under these Rules by filing a written request for mediation with the Institute together with a copy of the Mediation Agreement and the appropriate fee as set out in the Institute's schedule of fees.

4. If the Mediation Agreement names a Mediator or specifies a procedure for appointing a Mediator, that nomination or that procedure shall apply.
5. If the Mediation Agreement does not name a Mediator or specify a procedure for appointment, the parties may request the Institute to:
1. Appoint a Mediator; or
2. Nominate 3 Mediators who are available to act in the mediation. The Institute will provide the parties with the résumés of each nominee and the parties will select a Mediator and inform the Institute of their selection. If the parties cannot agree on a Mediator, they shall each rank the persons nominated and the Institute shall select the person with the highest composite ranking.

6. The Institute will forthwith inform the mediator of his/her selection. If the Mediator appointed under (1) above is unable to act for any reason, the Institute will appoint another mediator. If the Mediator selected under (2) above is unable to act for any reason, the Institute and the parties will repeat the procedure set out in (2). An administration fee will be payable to the Institute for its services under this paragraph 5.
7. Prior to accepting an appointment, a Mediator shall disclose any personal interest in the dispute, any bias or circumstances likely to give rise to a presumption of bias in the circumstances.

8. The Mediator shall prepare and execute together with the parties a letter of engagement setting out:
1. the terms and conditions under which the parties are engaging the Mediator;
2. any of these Rules which shall not apply to the mediation; and
3. any additional rules which shall apply to the Mediation.

9. The Mediator shall, following consultation with the parties, fix the time of each mediation meeting. All meetings will be held at a location convenient for the parties and the Mediator, as determined by the Mediator.

10. The Mediator will attempt to help the parties to reach a satisfactory resolution of their dispute but has no authority to impose a settlement on the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to make recommendations for settlement.
11. The Mediator may retain experts or consultants if the parties so agree and accept responsibility for the expenses of such experts or consultants.

12. A party may be represented by a lawyer or agent provided the name and address of any and all such representatives is communicated, in writing, to the Mediator and to all other parties at least three days prior to the first meeting such representative will attend unless otherwise agreed, each party's representative must have the authority to settle the dispute.

13. The mediation will be held in private. Persons other than the parties, their representatives and the Mediator may attend only with the consent of all of the parties and the Mediator.

14. The Mediator shall keep confidential any information disclosed in the course of the mediation including all written material provided to him/her as Mediator.
15. The parties agree that mediation sessions are settlement negotiations and disclosures are inadmissible in any further litigation or arbitration to the extent permitted by law. The parties agree not to subpoena or otherwise require the Mediator to testify or produce records or notes in any future proceedings. No transcripts will be kept of the proceedings.
16. The parties agree that they shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings:
1. any views expressed, or suggestions made, by the other party in respect of the possible settlement of the dispute;
2. any admissions made by the other party in the course of the mediation;
3. the fact that the other party had indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator; or,
4. proposals made or views expressed by the Mediator.

17. The mediation shall be terminated:
1. by the execution of a settlement agreement by the parties;
2. by a written declaration of one or more parties that the mediation is terminated;
3. by a written declaration by the Mediator that further efforts at mediation would not be helpful.

18. Neither the Institute nor the Mediator shall be liable to any party for any act or omission in connection with a mediation conducted under these rules.

19. The expenses of witnesses shall be the responsibility of the party calling such witnesses.
20. The Mediator's fee and all expenses of the mediation, including travel and the rental of premises, and the costs and expenses of any expert or consultant engaged by the Mediator pursuant to paragraph 9 hereof, shall be borne equally by the parties unless it is agreed otherwise.
21. Where an administrative fee is payable to the Institute, it shall be borne equally by the parties.

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