Alberta Arbitration & Mediation Society

Section I of the National Mediation Rules provides a Model Dispute Resolution Clause for Mediation.

"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]".

Section II provides a Model Dispute Resolution Clause – Mediation and Arbitration.

"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 first be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. All disputes remaining unsettled after mediation shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.]. The place of mediation and arbitration shall be [specify City and Province of Canada]. The language of the mediation and arbitration shall be English or French [specify language]."

The National Mediation Rules provide rules for initiating mediations including appointment of a mediator should the parties be unable to come to an agreement.

Schedule B of the National Mediation Rules is a Standard Form Agreement to Mediate.

There is currently no legislation governing the practice and procedure of mediation. Accordingly, it is important that anyone seeking a mediator consider these guidelines in making their selection.

Often when attempting to mediate, one party will have the idea but experience difficulty in extending the invitation to the other party or parties, in the dispute. Securing acceptance of the mediation concept is often more likely if the invitation is extended through a neutral Mediation Planner. A mediation Planner will maximize the opportunity for a successful event and will arrange the logistics and documentation. You can expect that a Mediation Planner will:




			National Arbitration Rules Mediation Rules Section I of the National Mediation Rules provides a Model Dispute Resolution Clause for Mediation. "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]". Section II provides a Model Dispute Resolution Clause – Mediation and Arbitration. "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 first be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. All disputes remaining unsettled after mediation shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.]. The place of mediation and arbitration shall be [specify City and Province of Canada]. The language of the mediation and arbitration shall be English or French [specify language]." The National Mediation Rules provide rules for initiating mediations including appointment of a mediator should the parties be unable to come to an agreement. Schedule B of the National Mediation Rules is a Standard Form Agreement to Mediate. Standard Form Agreement Schedule C contains the Model Code of Conduct for Mediators Model Code of Conduct for Mediators There is currently no legislation governing the practice and procedure of mediation. Accordingly, it is important that anyone seeking a mediator consider these guidelines in making their selection. A prospective mediator should be asked about his background, expertise and training in mediation and also in the area of dispute. The mediator should clearly explain the procedures he or she intends to follow in the mediation and why. The roles of the parties to the mediation should also be laid out to ensure that the parties can properly prepare for the process. A list of references provided by the mediator may assist in narrowing down the final choice of mediator. The mediator must be impartial and independent with no prior involvement in the dispute. This impartiality must be assessed by each of the parties both in fact and in conduct of the mediator prior to the mediation. If a bias or perception of bias develops at some point during the mediation, either the mediator or one of the parties may terminate the mediation. Mediation can be conducted with either one or a number of mediators. A panel of two or more mediators is generally utilized where the dispute is more complex, involving a number of areas of expertise, or where the dispute involves more than two parties. Where more than one mediator is utilized, it is important to ensure that the mediators can work together effectively. Because of the wide scope of subjects that may be submitted to mediation, the Society cannot and does not endorse or evaluate any individual as being of the right background or experience to conduct mediation. In all cases, the parties must assure themselves that the individual(s) chosen as mediator has the right qualification and skill. These qualifications include background, training and experience as well as ability as a mediator. Different blends of these factors will determine who is the best candidate. Once a suitable candidate is chosen the matter of fees, timing and any specific procedure must be discussed. Generally, an Agreement to Mediate, is drawn up and signed by each of the parties and mediator prior to the mediation which clearly outlines these matters. A "Mediation Planner" will have the resources to assist you to make this decision and ensure competence, experience and that proper documentation is in place. Often when attempting to mediate, one party will have the idea but experience difficulty in extending the invitation to the other party or parties, in the dispute. Securing acceptance of the mediation concept is often more likely if the invitation is extended through a neutral Mediation Planner. A mediation Planner will maximize the opportunity for a successful event and will arrange the logistics and documentation. You can expect that a Mediation Planner will: extend a formal invitation to the other party or parties in the dispute for you, from a neutral position, explain the merits of mediation, the value of considering mediation and all the procedures and routines, determine who should be present at the mediation and arrange for their attendance, secure a date and time suitable to the participants, arrange for the participants to execute agreements to ensure full understanding and the proper level of commitment to participate, arrange for a neutral venue -- non-threatening, convenient to all, comfortable and with the necessary amenities, select a mediator suitable for the nature of the dispute, subject to the agreement by the principals, from the participants, secure a summary of the salient matters surrounding the case for the mediators guidance, remind the participants of the date, time and location 24 hours prior to the mediation; and, supply the proper documentation to be executed at the mediation.