How do parties choose a mediator for an Ontario civil case?

In Ontario, parties can jointly select any accredited mediator they agree upon. If the parties cannot agree on a mediator within the time required by Rule 24.1, the Local Mediation Coordinator assigns a mediator from the Ontario Mandatory Mediation Program roster for that region.

When choosing a mediator, parties typically consider experience in the subject area (commercial disputes, personal injury, employment, etc.), reputation for getting results, availability within the required timeframe, and hourly or daily rate. Many experienced civil litigators maintain a list of mediators they have worked with and can recommend someone whose style suits the nature of the dispute.

Some disputes are better suited to an evaluative mediator, who will candidly assess the strengths and weaknesses of each side's position and push parties toward a realistic range. Others benefit from a facilitative mediator who focuses on interests and communication rather than legal evaluation. In high-value commercial cases, parties sometimes retain a retired judge as a mediator, whose legal assessment the parties are likely to take seriously.

The parties' lawyers usually coordinate the mediator selection and scheduling. If you are self-represented, you can contact the Local Mediation Coordinator's office directly to request an assigned mediator.