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ADR Institute of Canada, Inc.Institut d‘Arbitrage et de Médiation du Canada Inc.

ADR Institute of Canada, Inc. © As amended August 3, 2012 1

MODEL DISPUTE RESOLUTION CLAUSE

Parties who agree to mediate under the National

Mediation Rules may use the following clause in their

agreement:

All disputes arising out of or in connection with this

agreement, or in respect of any legal relationship

associated with or derived from this agreement, shall be

mediated pursuant to the National Mediation Rules

of the ADR Institute of Canada, Inc. The place of

mediation shall be [specify City and Province of

Canada]. The language of the mediation shall be

[English or French: specify language].

ADR Institute of Canada, Inc.© As amended August 3, 20122

1 Interpretation .................................................................. 32 Application ..................................................................... 33 Variation of Rules ........................................................... 44 Initiating Mediation ....................................................... 45 Appointment of Mediator .............................................. 56 Independence and Impartiality ...................................... 67 Disclosure of Potential Disqualification ....................... 68 Waiver of Potential Disqualification ............................. 79 Pre-Mediation Session ................................................... 710 Mediation Agreement ..................................................... 811 Time and Place ............................................................... 812 Authority of the Mediator .............................................. 813 Representation ................................................................ 914 Privacy ............................................................................ 915 Confidentiality and Disclosure ...................................... 916 Suspension or Termination of Mediation .................... 1117 Exclusion of Liability .................................................. 1118 Fees and Expenses ....................................................... 1219 Educational Purposes ................................................... 12SCHEDULE A ..................................................................... 13SCHEDULE B ..................................................................... 13

ADR INSTITUTE OF CANADA, INC.CODE OF CONDUCT FOR MEDIATORS

Introduction .................................................................. 151 Code's Objectives ......................................................... 162 Definitions .................................................................... 163 Principle of Self-Determination ................................... 164 Independence and Impartiality .................................... 175 Potential Disqualification ............................................ 176 Confidentiality .............................................................. 177 Quality of the Process .................................................. 188 Advertising ................................................................... 199 Fees ............................................................................... 1910 Agreement to Mediate .................................................. 1911 Termination or Suspension of Mediation .................... 2012 Other Conduct Obligations .......................................... 20

ADR INSTITUTE OF CANADA, INC.NATIONAL MEDIATION RULES


ADR INSTITUTE OF CANADA, INC.NATIONAL MEDIATION RULES

1. INTERPRETATION1.1 In the Rules, unless the context otherwise

requires:(a) “day” means a full 24-hour day but

does not include Saturday, Sunday,or a holiday as defined in the relevantProvincial legislation;

(b) “Institute” means the ADR Institute ofCanada, Inc., one of its Regional Affili-ates, a predecessor of the Institute, orone of its affiliates (such as Cana-dian Foundation for Dispute Reso-lution, Arbitration Institute of Canada,or Arbitration and Mediation Instituteof Canada);

(c) “Mediation” means the use of an im-partial third party to assist the parties toresolve a dispute, but does not includean arbitration;

(d) “Mediation Agreement” means a writ-ten agreement between the parties andthe Mediator containing specific provi-sions for submitting a dispute to Media-tion;

(e) “Mediator” means the impartial per-son or persons engaged to assist theparties to resolve a dispute, but doesnot include an arbitrator unless thearbitrator is acting as a mediator by con-sent of the parties;

(f) “Regional Affiliate” means a regionallybased alternative dispute resolution(“ADR”) organization designated bythe Institute to provide ADR servicesin a specific region as requested by theInstitute; and

(g) “Rules” means the National MediationRules of the Institute.

2. APPLICATION2.1 The Rules shall apply where:

(a) the parties have agreed that the Rulesapply;


(b) the parties have agreed to mediate inaccordance with the Model MediationProcedure of The Canadian Foundationfor Dispute Resolution, Inc.; or

(c) the parties have agreed to a Mediationto be administered by the Institute orThe Canadian Foundation for DisputeResolution, Inc. with or without refer-ence to the rules of either body.

2.2 If the parties have by contract or by mutualagreement provided for the Mediation of theirdispute(s) in accordance with the Rules, theyshall be deemed to have incorporated the Rulesinto their Mediation Agreement.

2.3 If the Rules are amended by the Institute, theRules applicable to any dispute shall be theRules, as amended, as of the date the Media-tion is initiated.

2.4 To the extent that the Rules conflict with leg-islation of any Province of Canada or anyTerritory of Canada or of any legislation ofCanada or any rules or orders pursuant to anysuch legislation, the Rules shall apply exceptto the extent that the parties may not lawfullycontract out of the provisions of any such leg-islation, rules, or orders.

2.5 A failure to comply with the Rules is anirregularity and does not render the Mediationor a step, document, or settlement agreement anullity.

3. VARIATION OF RULES3.1 The Rules, including the Schedules hereto, may

be varied by agreement of the parties.

4. INITIATING MEDIATION4.1 A dispute to which the Rules apply may be

submitted to Mediation by any party to thedispute.

4.2 If one or more of the parties to a dispute wishto submit that dispute to Mediation under theRules, the Mediation shall be initiated by oneor more parties to the dispute serving a writtenrequest for Mediation on every other party tothe dispute.


5. APPOINTMENT OF MEDIATOR5.1 A Mediator shall be appointed only by a pro-

cess that is:(a) in accordance with any nomination to

which the parties have agreed;(b) in accordance with any appointment

procedure to which the parties haveagreed; or

(c) in accordance with the procedure set outin Rule 5.2.

5.2 If the parties have not agreed to any nomina-tion or appointment procedure:

(a) the parties shall(i) pay the Institute the fee prescribed

by Schedule “A” to these Rules; and(ii) provide the Institute with a written

statement of general information con-cerning the nature and extent of thedispute, including (without limita-tion) the type of dispute, the amountin dispute, and type of issues indispute;

(b) within 2 weeks of receipt of the fee andmaterials identified in Rule 5.2(a), theInstitute shall provide the parties withthe resumes of three nominees;

(c) the selection of a Mediator shall be:(i) by agreement of the parties, who shall

inform the Institute of their selection;or

(ii) if the parties cannot agree on aMediator, by each party ranking thenominees (3-highest; 1-lowest) andthe Institute selecting the nomineewith the highest composite ranking(or, if the rankings from the partiesare equal, by the Institute making aselection from among the highest-ranked nominees);

(d) the Institute shall forthwith inform theMediator selected under Rule 5.2(c) ofhis or her selection and shall:(i) forthwith appoint that Mediator; or


(ii) if that Mediator is unable or unwill-ing to be appointed, repeat forthwiththe procedure set out in Rules 5.2(b)and 5.2(c) above.

6. INDEPENDENCE AND IMPARTIALITY6.1 Unless otherwise agreed by the parties after

full disclosure, the Mediator shall not act as anadvocate for any party to the Mediation andshall be and shall remain at all times duringthe Mediation:

(a) wholly independent;(b) wholly impartial; and(c) free of any personal interest or other

conflict of interest in respect of theMediation.

6.2 The parties agree that the Mediator is notproviding legal or professional advice toany of the parties. The parties agree that theMediator may express views or opinions onthe matters at issue, and may identify evalua-tive approaches, and where the Mediator doesso it shall not be construed as either advocacyon behalf of a party or as legal or professionaladvice to a party. The parties shall at alltimes rely exclusively on their own advisorsfor legal and professional advice. The partiesagree that:

(a) the Institute is not an agent of, or actingin any capacity for, any of the parties;and

(b) the Mediator is acting as an indepen-dent contractor and is not an agent oremployee of the Institute.

7. DISCLOSURE OF POTENTIAL DISQUALIFICATION7.1 Before accepting an appointment and at all

times after accepting an appointment, aMediator shall disclose to the Institute and theparties in writing any circumstance that couldpotentially give rise to a reasonable apprehen-sion of a lack of independence or impartialityor conflict of interest in the Mediation of a dis-pute. Should any such circumstance be sodisclosed, the Institute shall immediately no-tify the parties of it. If any party objects, in


writing, to the Mediator based on any suchdisclosure, the Mediator shall immediatelywithdraw from the Mediation and anotherMediator shall be appointed in accordance withRule 5.

8. WAIVER OF POTENTIAL DISQUALIFICATION8.1 A Mediator who makes disclosure of any cir-

cumstance under Rule 7 shall continue to serveas Mediator if all parties to the dispute waive,in writing, the right to object to any reason-able apprehension of a lack of independenceor impartiality or conflict of interest that arisesas a consequence of that disclosure.

8.2 Any party that:(a) knows, or reasonably ought to know, of

any circumstance that could give rise toa reasonable apprehension of a lack ofindependence or impartiality or conflictof interest on the part of a Mediator(whether or not that circumstance isdisclosed under Rule 7); and

(b) proceeds with the Mediation withoutpromptly stating an objection to that cir-cumstance in writing

shall be deemed to have waived the right toobject to any reasonable apprehension of a lackof independence or impartiality or conflict ofinterest that arises as a consequence of thatcircumstance and to have complied with therequirements of Rule 8.1.

9. PRE-MEDIATION SESSION9.1 Unless otherwise agreed by the parties, the

Mediator shall, expeditiously after being ap-pointed, arrange a session or conference callwith the appropriate representative or law-yer of all parties to discuss the matters setout in these Rules and all arrangementsrelating to the Mediation, including, with-out limitation:

(a) the return of written material providedto the Mediator;

(b) disclosure of offers or counter-offersmade in the course of the Mediation; and


(c) whether or not any settlement agree-ment is required to be in writing andexecuted by the parties before it is bind-ing on the parties.

10. MEDIATION AGREEMENT10.1 The Mediator, together with the parties, shall

prepare and execute a Mediation Agreementsetting out:

(a) the terms and conditions under whichthe parties are engaging the Mediator;

(b) any of the Rules that the parties agreeshall not apply to the Mediation or areamended as agreed by the parties; and

(c) any additional rules that the partiesagree shall apply to the Mediation.

10.2 If the parties are unable to agree on a Media-tion Agreement, the Institute’s Standard FormAgreement to Mediate set out in Schedule “B”shall be used with such modifications as theparties may agree.

11. TIME AND PLACE11.1 The Mediator shall, following consultation

with the part ies, f ix the t ime of eachMediation session. All sessions shall beheld at either:

(a) a location in the City and Province stipu-lated in the model clause, if relevant; or

(b) a location agreed upon by the parties andthe Mediator.

12. AUTHORITY OF THE MEDIATOR12.1 The Mediator shall attempt to assist the par-

ties to reach a satisfactory resolution of theirdispute but has no authority to impose a settle-ment. The Mediator is authorized to conductjoint and separate sessions with the parties atthe discretion of the Mediator.

12.2 If the parties are unable to reach a settlementin the Mediation process, and if all parties andthe Mediator agree, the Mediator may producefor the parties a non-binding recommendationfor terms of settlement. This recommendationshall be the Mediator’s reasonable attempt tofind acceptable settlement terms.


12.3 The Mediator may retain experts or consult-ants if the parties so agree and the parties agreeto pay for the expenses of such experts or con-sultants, in equal amounts unless otherwiseagreed by the parties.

13. REPRESENTATION13.1 Each party must attend the Mediation. The

name and address of any lawyer or agent whointends to attend the Mediation must be com-municated, in writing, to the Mediator and toother parties at least three days before the firstMediation session. If any party intends to haveany other individuals, such as experts, advi-sors, or any other persons, attend the Media-tion, the name(s) and capacity of such individu-als must be communicated to the Mediator andthe other parties at least three days before thefirst Mediation session.

13.2 Parties who attend the Mediation must haveauthority to settle the dispute.

14. PRIVACY14.1 The Mediation shall be held in private. Only

those persons authorized by Rule 13 mayattend, unless otherwise agreed by the parties.

15. CONFIDENTIALITY AND DISCLOSURE15.1 The parties and the Mediator shall agree on

the extent of documentary disclosure requiredfor an effective Mediation, but the Mediatorshall not have the power to compel the disclo-sure of any document.

15.2 The Mediator shall inform the parties of theconfidential nature of Mediation.

15.3 The Mediator, the parties, their experts and ad-visors, and any other persons who accompanythe parties to the Mediation shall keep confi-dential and shall not disclose to any non-partyall information, documents, and communica-tions that are created, disclosed, received, ormade available in connection with the Media-tion except:

(a) with the parties’ written consent;(b) when ordered to do so by a court of com-

petent jurisdiction or otherwise requiredto do so by law;


(c) when the information or documents dis-close an actual or potential threat tohuman life;

(d) in respect of any report or summary thatis required to be prepared by the Me-diator;

(e) where the data about the Mediation isfor research and education purposes, andwhere the parties and the dispute are not,and may not reasonably be anticipatedto be, identified by any such disclosure;or

(f) where the information is, or the docu-ments are, otherwise available to thepublic.

15.4 Within 30 days after the Mediation’s conclu-sion, the Mediator shall destroy all informa-tion, documents, and communications createdby, disclosed to, received by, or made avail-able to the Mediator in connection with the Me-diation unless otherwise agreed by the parties.

15.5 The Mediator shall obtain, in writing, from allexperts and consultants engaged by the Me-diator and any other person who accompaniesthe parties, commitments to similar obligationsof confidentiality as are provided for in thisRule.

15.6 The Mediator shall maintain confidentiality inthe storage and disposal of Mediation notes,records, files, information, documents, andcommunications.

15.7 If the Mediator holds private sessions (includ-ing breakout sessions and caucuses) with oneor more parties, he or she shall discuss the na-ture of such sessions with all parties beforecommencing such sessions. In particular, theMediator shall inform the parties of any limitsto confidentiality applicable to information dis-closed during private sessions.

15.8 The parties agree that Mediation sessions arewithout prejudice settlement negotiations anddisclosures are inadmissible in any further liti-gation or arbitration except to the extent re-quired by law. The parties agree not to sub-


poena or otherwise require the Mediator to tes-tify or produce records or notes in any futureproceedings. No transcripts shall be kept of theproceedings.

15.9 The parties agree that they shall not rely on orintroduce as evidence in subsequent arbitral orjudicial proceedings any of the following, withthe exception of information otherwise pro-duced through the discovery process:

(a) any views expressed, suggestions made,or offers made to or received from anyother party in respect of the possiblesettlement of the dispute;

(b) any admissions made by any other partyin the course of the Mediation;

(c) the fact that any other party had indi-cated a willingness to accept a proposalor recommendation for settlement madeby the Mediator; or

(d) proposals made or views expressed bythe Mediator.

16. SUSPENSION OR TERMINATION OF MEDIATION16.1 The Mediator may suspend the Mediation:

(a) upon written request by one or more ofthe parties; or

(b) by issuing a written declaration that fur-ther efforts at Mediation would not beuseful at this time and that the Media-tion is suspended.

16.2 The Mediation is terminated:(a) by the execution of a settlement agree-

ment by the parties;(b) by the issuance of a written declaration

of one or more parties that the Media-tion is terminated; or

(c) by the issuance of a written declarationby the Mediator that further efforts atMediation would not be useful at thistime and that the Mediation is termi-nated.

17. EXCLUSION OF LIABILITY17.1 The Institute is not liable to any party for any


act or omission in connection with a Media-tion conducted under the Rules. In any event,the Institute is not responsible for any loss ordamage incurred by any party or any other per-son arising from negligence or any other causewhatsoever.

18. FEES AND EXPENSES18.1 The parties shall bear equally and pay the

Mediator’s fee and all expenses, includingtravel and the rental of premises, and the costsand expenses of any expert or consultant en-gaged by the Mediator in accordance with Rule12.3, unless otherwise agreed by the parties.Such fees shall be paid directly to the Media-tor in accordance with the agreement to medi-ate signed by the parties.

18.2 The parties shall pay to the Institute the feesprovided in Schedule “A”.

18.3 The Mediator may require the parties to payan initial deposit and further deposit or depos-its, including proportionate shares of the costsof the Mediation.

18.4 Each party shall bear its own costs and ex-penses for participating in the Mediation, un-less otherwise agreed by the parties.

19. EDUCATIONAL PURPOSES19.1 The Mediator and the Institute may disclose

information and data about the Mediation forresearch and educational purposes only if theparties and the dispute are not, nor may rea-sonably be anticipated to be, identified by suchdisclosure.


SCHEDULE “A”MEDIATION ADMINISTRATIVE FEE SCHEDULEPlease call your Regional Affiliate for fees charged withrespect to selecting a mediator under Rule 5.2(a)(i)

SCHEDULE “B”ADR INSTITUTE OF CANADA, INC.STANDARD FORM AGREEMENT TO MEDIATE

THE PARTIES

Party 1:Address, Phone, Fax, and E-mail:




Mediator: Address, Phone, Fax, and E-mail:

THE DISPUTEBRIEF DESCRIPTION OF THE DISPUTE:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________

MEDIATIONThe parties shall attempt to settle the dispute by Media-tion, following the provisions of this Standard FormAgreement and the National Mediation Rules of the In-stitute (the “Rules”), which are incorporated as part ofthis Agreement to Mediate. Variations to the Rules arenoted below:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________


THE MEDIATORThe Mediator shall be bound by the Institute’s Code ofConduct for Mediators.The Mediator shall discuss and arrange for the imple-mentation of the exchange of information and briefs atleast 2 weeks before the date of Mediation, unless other-wise agreed by the parties.

FEES AND EXPENSESAll parties shall bear their own costs for the Mediationprocess, and shall bear equally and pay the expenses ofthe Mediation and the Mediator’s fees inclusive of alldeposits requested by the Mediator, unless otherwiseagreed by the parties.The Mediator’s fees are as follows:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________

CANCELLATION OR DELAYIt is agreed that any party causing either cancellation ofthe Mediation or a postponement within 30 businessdays preceding the Mediation shall be responsiblefor all costs incurred by the Mediator, along with anycancellation fees.Date: ____________________________________Signed: ____________________________________

Party 1

Party 2

Party 3

Party 4

Mediator


This Code of Conduct for Mediators (the “Code”)applies in its entirety to every Mediator who is a mem-ber of the ADR Institute of Canada, Inc. (the “Institute”)or any of its Regional Affiliates, or who accepts from theInstitute an appointment as Mediator. While Mediatorscome from varied professional backgrounds and disci-plines, every Mediator must adhere to the Code as a mini-mum. Being appointed as a Mediator confers no perma-nent rights on the individual, but is a conditional privi-lege that may be revoked for breaches of the Code.

The Institute and its Regional Affiliates are empoweredto investigate alleged breaches of the Code, and may tem-porarily suspend any Mediator from any of its rosters orfrom membership in the Institute pending the outcomeof an investigation. The Institute is empowered to cancelmembership in the Institute or remove any Mediator fromany of its rosters if the Mediator is determined by theInstitute, either on its own behalf or upon the recom-mendation of any of its Regional Affiliates, to be in breachof the Code. It is the objective of the Institute to ensurethat complaints are investigated fairly.


1. CODE’S OBJECTIVES1.1 The Code’s main objectives are:

(a) to provide guiding principles for theconduct of Mediators;

(b) to promote confidence in Mediation asa process for resolving disputes; and

(c) to provide protection for members of thepublic who use Mediators who aremembers of the Institute.

2. DEFINITIONS2.1 In the Code:

(a) "Mediation" means the use of an impar-tial third party to assist the parties toresolve a dispute, but does not includean arbitration; and

(b) "Mediator" means an impartial personwho is a member of the Institute or ac-cepts from the Institute an appointmentas Mediator and who is engaged to as-sist the parties to resolve a dispute, butdoes not include an arbitrator unless thearbitrator is acting as a Mediator by con-sent of the parties.

(c) “Regional Affiliate” means a regionallybased alternative dispute resolution(“ADR”) organization designated bythe Institute to provide ADR servicesin a specific region as requested by theInstitute.

3. PRINCIPLE OF SELF-DETERMINATION3.1 It is the right of parties to a Mediation to make

their own voluntary and non-coerced decisionsregarding the possible resolution of any issuein dispute. Every Mediator shall respect andencourage this fundamental principle of Me-diation.

3.2 The Mediator shall provide the parties at orbefore the first Mediation session withinformation about the Mediator’s role in theMediation. The Mediator shall discuss the factthat authority for decision-making rests withthe parties, not the Mediator.

3.3 The Mediator shall not provide legal or pro-


fessional advice to the parties. The Mediatormay express views or opinions on the mattersat issue, and may identify evaluative ap-proaches, and where the Mediator does so itshall not be construed as either advocacy onbehalf of a party or as legal or professionaladvice to a party.

3.4 The Mediator shall, where appropriate, adviseunrepresented parties to obtain independent le-gal advice. The Mediator shall also, where ap-propriate, advise parties of the need to consultwith other professionals to help parties makeinformed decisions.

4. INDEPENDENCE AND IMPARTIALITY4.1 Unless otherwise agreed by the parties after

full disclosure, a Mediator shall not act as anadvocate for any party to the Mediation andshall be and shall remain at all times duringthe Mediation:

(a) wholly independent; and(b) wholly impartial; and(c) free of any personal interest or other

conflict of interest in respect of theMediation.

5. POTENTIAL DISQUALIFICATION5.1 Before accepting an appointment as Mediator

and at all times after accepting such an appoint-ment, a Mediator shall disclose in writing anycircumstance that could potentially give riseto a reasonable apprehension of a lack of inde-pendence or impartiality in the Mediation of adispute.

5.2 Any Mediator who makes a disclosure of anycircumstance under section 5.1 shall continueto serve as Mediator if all parties to the dis-pute waive, in writing, the right to object toany reasonable apprehension of a lack of inde-pendence or impartiality or conflict of interestthat arises as a consequence of that disclosure.

6. CONFIDENTIALITY6.1 The Mediator shall inform the parties and any

experts, advisors, and any other persons whoaccompany a party to a Mediation session of


the confidential nature of Mediation.6.2 The Mediator, the parties, their experts and

advisors, and any other persons who accom-pany a party to a Mediation session shall keepconfidential and shall not disclose to anynon-party all information, documents, andcommunications that are created, disclosed,received, or made available in connection withthe Mediation except:

(a) with the parties' written consent;(b) when ordered to do so by a court or oth-

erwise required to do so by law;(c) when the information/documentation

discloses an actual or potential threat tohuman life;

(d) in respect of any report or summarythat is required to be prepared by theMediator;

(e) where the data about the Mediation isfor research and education purposes, andwhere the parties and the dispute are not,nor may reasonably be anticipated to be,identified by such disclosure; or

(f) where the information is, or the docu-ments are, otherwise available to thepublic.

6.3 If the Mediator holds private sessions (includ-ing breakout meetings and caucuses) with oneor more parties, he or she shall discuss the na-ture of such sessions with all parties beforecommencing such sessions. In particular, theMediator shall inform the parties of any limitsto confidentiality that may apply to informa-tion disclosed during private sessions.

6.4 The Mediator shall maintain confidentiality inthe storage and disposal of Mediation notes,records, files, information, documents andcommunications.

7. QUALITY OF THE PROCESS7.1 The Mediator shall make reasonable efforts be-

fore Mediation is initiated or at the start of theMediation to ensure that the parties understandthe Mediation process.


7.2 The Mediator shall conduct Mediations in amanner that permits the parties to participateeffectively in the Mediation and that encour-ages respect among the parties.

7.3 The Mediator shall acquire and maintain pro-fessional skills and abilities required to upholdthe quality of the Mediation process.

7.4 The Mediator shall act professionally at alltimes, and the Mediator shall not engage inbehaviour that will bring the Mediator or theInstitute into disrepute.

7.5 A Mediator who considers that a Mediation inwhich he or she is involved may raise ethicalconcerns (including, without limitation, the fur-therance of a crime or a deliberate deception)may take appropriate action, which may includeadjourning or terminating the process."

.

8. ADVERTISING8.1 In advertising or offering services to clients or

potential clients, the Mediator shall:(a) refrain from guaranteeing settlement or

promising specific results; and(b) provide accurate information about his

or her education, background, mediationtraining and experience, in any oral orwritten representation or biographical orpromotional material.

9. FEES9.1 The Mediator shall give the parties as soon as

practicable after his or her appointment a writ-ten statement of a fee structure, likely expenses,and any payment retainer requirements.

9.2 The Mediator’s fees shall not be based on theoutcome of Mediation, or on whether there wasa settlement, or (if there was a settlement) onthe terms of settlement.

9.3 The Mediator may charge a cancellation ora late/delay fee within the Mediator's dis-cretion, provided the Mediator advises theparties in advance of this practice and theamount of the fee.


10. AGREEMENT TO MEDIATE10.1 The Mediator and the parties shall prepare and

execute a mediation agreement setting out:(a) the terms and conditions under which

the parties are engaging the Mediator;(b) if the National Mediation Rules of

the Institute apply to the Mediation,any of the Rules that the parties agreeshall not apply to the Mediation; and

(c) any additional rules that the partiesagree shall apply to the Mediation.

11. TERMINATION OR SUSPENSION OF MEDIATION11.1 The Mediator may suspend or terminate the

Mediation if requested, in writing, by one ormore of the parties.

11.2 The Mediator may suspend or terminate theMediation with a written declaration by theMediator that further efforts at mediationwould not be useful at this time.

12. OTHER CONDUCT OBLIGATIONS12.1 Nothing in the Code replaces or supersedes any

other ethical standard or code that may governthe Mediator. Where there are multiple suchstandards or codes, the Mediator shall be boundby the stricter or strictest of them.

ADR Institute of Canada, Inc.Suite 405, 234 EglintonAvenue EastToronto, Ontario M4P 1K5Toll-free: 1-877-475-4353Tel: 416-487-4733Fax: 416-487-4429Email: [email protected]: www.adrcanada.ca

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