Date

Between:

("the parties"
- and -

mediate393 inc. cob Toronto Family Mediation Services (“TFMS)”

GENERAL TERMS

1. The main goal of offsite mediation is to help parties reach suitable agreements that take into account the interests of other family members. It aims to provide the opportunity for efficient resolution of issues that separating or divorcing families want to resolve whether they have a court file or not, where appropriate.
2. Offsite mediation includes confidential intake meetings with each party at no cost and, if mediation proceeds, up to six hours of combined mediation, preparation, administration and drafting services.
3. All services other than intake meetings are charged at a subsidized rate for each party that is established by the Ministry of the Attorney General and published on the TFMS website.
4. The mediator has no bias towards either party and has no interest in the outcome. The mediator does not give advice, provide counselling or make decisions.
5. Mediation is confidential and without prejudice.
6. Mediation is voluntary. A party or mediator may end it any time without explanation.
7. If issues are resolved the mediator will draft a without prejudice Mediation Summary Report (“MSR”) which may be finalized into a binding settlement with legal advice and/or a court order.
8. Unless agreed otherwise in writing, this is “closed” mediation, which means that the mediator will only document tentative agreements in the MSR. Should the parties consent to “open” mediation, the mediator may also document unresolved issues and a brief statement of each party’s position on them, without further comment.
9. The mediator may suggest agenda items but it is up to the parties to decide what to mediate.
10. The parties consent to the presence of an intern under supervision of TFMS.
11. Mediation starts when this Agreement is signed by the parties and the mediator, and ends:
    a. when any party or the mediator notifies all parties that it has come to an end,
    b. when the issues being mediated are settled in a settlement document, or
    c. a Final Mediation Summary Report/Consent (“MSR”) is delivered to the parties.

12. The mediator’s file including all intake forms, notes, correspondence and documents prepared by the mediator are the property of TFMS and are not to be produced in any proceeding without a court order made on notice to TFMS.
13. Only the parties, their lawyers, the mediator and an intern may attend the mediation. Consent of the parties and mediator is required for anyone else to attend. Any such person must sign the confidentiality provisions of this Agreement.
14. In closed mediation, no party shall include a MSR (or anything arising from the mediation) in any material before the court, an arbitrator or any other proceeding without consent of all parties and the mediator. In open mediation, the parties may file the MSR with the court but nothing further from the mediation may be disclosed.
15. Neither party will seek to compel the mediator to produce any part of their file or testify for any reason, including to prove that a settlement was reached in mediation.
16. The Use of Technology terms found on the TFMS website apply to this mediation.
17. The mediator, intern and mediate393 (TFMS) shall not be liable for any act or omission in connection with any steps taken pursuant to this agreement, nor for any agreement arising out of it.
18. This Agreement may be signed in counterparts with each signed copy deemed an original and all of which shall constitute one agreement.

INTAKE AND SCREENING

19. The mediator will meet separately and confidentially with each party, before a mediation takes place, to assess if the case is appropriate for mediation (“screening”) and to identify the issues, goals and concerns of each party. Screening may occur throughout the mediation if it proceeds. The intake meeting, including all information and forms provided by each party, and all other screening information, is confidential between that party and the mediator, subject to the confidentiality exceptions below.
20. The mediator may terminate the process by screening it out at any time without providing reasons if they believe the matter is no longer appropriate for mediation.
21. Intake forms and the mediator’s notes and records from screening are the property of mediate393 (TFMS) and will not be shared with anyone, including the party that submitted them.

CONFIDENTIALITY, WITHOUT PREJUDICE AND EXCEPTIONS

22. Subject to the exceptions below, the mediator, parties and any third parties shall keep in confidence all information, communications and documents prepared, sent or received for the purpose of mediation.
23. Documents otherwise discoverable in litigation or arbitration are not confidential.
24. The parties shall not discuss anything said or done during the mediation process with anyone who was not present except to seek advice on proposed settlements.
25. The parties shall not record, photograph or transcribe any part of the mediation, nor shall they write about it publicly in any forum.
26. The mediator may disclose otherwise confidential information:
    
    a. to communicate and share information and documents from a party with counsel and agents retained by that party;
    b. to communicate with staff, interns and TFMS colleagues;
    c. where ordered to do so by a court on a motion made on notice to the mediator and TFMS;
    d. to report a child in need of protection under s.125 of the Child, Youth and Family Services Act;
    e. to advise a court of the fact that a mediation took place;
    f. to appropriately respond to a reasonable concern for the immediate safety of a person, persons or animal;
    g. to respond to a claim, complaint or fees dispute initiated by a client or related party;
    h. for research, education, quality control, program evaluation and intern accreditation purposes on a non-identifying basis, or
    i. with the written consent of all parties and the mediator.

27. The common law exception to settlement privilege is expressly waived. No evidence of mediation communications shall be disclosed in any legal proceedings relating to an alleged settlement except for an agreement signed by the parties and witnessed, a Consent Order incorporating the settlement terms.

THE MEDIATION

28. The parties and mediator will meet in person, online or otherwise as agreed.
29. The parties both feel capable of freely discussing their issues in an open, equal and constructive manner. If either feels intimidated at any time they will advise the mediator and may do so privately.

PRIVATE MEETINGS WITH A PARTY (CAUCUSING)

30. The mediator may meet or communicate with either party or their counsel separately in their discretion. Unless agreed otherwise, the mediator may disclose information or documents provided by one party in a private meeting to the other party.

NOT LEGAL SERVICES OR ADVICE

31. The parties are advised to each seek legal, tax and other advice for mediation and on any outcomes. Counsel are encouraged to attend mediation. Views or legal information given by the mediator do not constitute advice. Documents prepared by the mediator such as MSRs, draft agreements, support or NFP calculations, are provided on the basis that each party will obtain advice on them.

DOCUMENTING OUTCOMES

25. The mediator will draft a MSR to document any tentative agreements made in mediation.
26. The parties will not make a binding settlement in mediation unless they both have counsel present and their signatures on settlement documents are witnessed by counsel. Any agreement formalized after the mediation without legal advice may be invalid, set aside or have other unintended consequences.

FINANCIAL AND OTHER DISCLOSURE

27. The parties shall fully disclose all relevant financial and other information to the mediator and each other. Sworn financial statements shall be provided if requested by the mediator.

THE CHILD’S VOICE

28. If children will be affected by the outcome of the mediation, they will have an age-appropriate opportunity to have their voices heard. The mediator and parties will agree on the best way to hear each child’s voice. Options include:
    • A s. 30 assessment;
    • Notes and records from a Children’s Aid Society;
    • A report from or representation by the Office of the Children’s Lawyer;
    • A Voice of the Child or Hear the Child Report from a third party;
    • An interview with the mediator;
    • Information from professionals involved with the child; and
    • Information from the parents and other family members.
      
      
29. Should the parents agree to have the mediator interview a child, they will consent to the Hear the Child interview procedures found on the Riverdale Mediation Ltd. website and will sign the appropriate agreement.

RISKS OF MEDIATION and LIMITATIONS

30. There is no guarantee of settlement nor satisfaction. Good faith is assumed but not guaranteed. Mediation may lead to delay, expense and increased difficulty in subsequent litigation or resolution efforts.
31. Any applicable limitation periods may not be suspended during mediation.
32. The mediator cannot guarantee physical safety before, during or after mediation.
33. There is a risk of loss of confidentiality or a privacy breach arising from the use of cell phones and text messaging, Zoom or other teleconferencing platform, email, and online forms, invoicing, payments and communications. The parties authorize TFMS and the mediator to use all usual and appropriate technologies notwithstanding such risks.
34. This mediation service is provided to the public under an arrangement with His Majesty the King in right of Ontario as represented by the Attorney General (the “Ministry”). TFMS and the Mediator are not agents, joint venturers, partners, or employees of the Ministry. The Ministry does not assume any responsibility for any service, action, and inaction provided with respect to the services provided under this Agreement.
35. In no event shall any party, either jointly or separately, hold the Ministry liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of this mediation service.

FEES

There is no fee for intake meetings. Hourly rates for mediations are fixed by the Ministry based on each party’s income from all sources and number of dependents. Each party’s hourly rate will be determined with the mediator at their intake meeting based on the disclosure requested by the mediator, shall be paid in advance and may include flat rate fees for administration, preparation and drafting time

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Document name: CONFIDENTIAL OFFSITE FAMILY MEDIATION AGREEMENT

Unique Document ID: 7be0e802b336b0da0fbc876c17d21812c5a84012

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Timestamp	Audit
June 13, 2025 3:29 pm EST	CONFIDENTIAL OFFSITE FAMILY MEDIATION AGREEMENT Uploaded by Vanessa Pacheco - [email protected] IP 142.170.145.158

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