How to Mediate & Determine Cost via e-Court

    How to Mediate & Determine Cost via e-Court

This webpage is a SHARED-INFO file and may not provide additional relevant information.

E-Court Mediation, the Wave of the future - Technology makes professional dispute resolution more accessible

e-Court Canada aims to provide competent, affordable, transparent, secure and speedy justice for everyone. It provides an uniform mediation system throughout the USA, Canada and many other countries without the need to understand the peculiarities existing in each area's system.

"Traditional Mediation":

Mediation is one way for people to settle disputes or lawsuits outside of court. In mediation, a neutral third party - the mediator - helps the disputing parties look for a solution that works for them.

Mediators, unlike arbitrators or judges, do not decide cases or impose settlements. The mediator's role is to help the people involved in a dispute to communicate and negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement.

The purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial.

Many parties negotiate during the course of litigation. Over 90 percent of all lawsuits settle before getting to the trial stage. Under the e-Court Program, cases are referred to a mediation session early in the litigation process to give parties an opportunity to discuss the issues in dispute. With the assistance of a trained mediator, the parties explore settlement options and may be able to avoid the e-Court arbitration process.

An interesting information source is : The Evolution of Online Dispute Resolution and The Operating System for ODR

"e-Court Mediation Methodologies":

The Program is designed to help parties involved in civil conflicts attempt to settle their cases before they get to arbitration, thereby saving both time and money. e-Court Canada follows largely & "where applicable" adheres to the rules established in "The Ontario Mandatory Mediation Program" ( source )

The five stages in e-Court Mediation :

* Stage One: Convening The Mediation
* Stage Two: Opening Session
* Stage Three: Communication
* Stage Four: The Negotiation
* Stage Five: Closure

"e-Court Mediation costs":

Under e-Court Canada "on-line" program, costs are described in detail via Preview of Mediation costs. The program covers online video conferencing sessions ( irrespective of length ) during a period of 6 weeks and are based on the size of monetary claim.

In contrast under the Ontario Gvt. standard ( not online ) Mediation program costs are established as follows : For one half hour of preparation time per party and a mediation session of up to three hours for a party of 2 $600 plus GST, for a party of 3 $675 plus GST, for a party of 4 $750 plus GST, and for a party of 5 or more $825 plus GST. If the session is not concluded within three hours, the mediation may continue, with the consent of all parties, at a rate agreed upon by the parties and the mediator in advance of the session. In addition to fees, a mediator may charge expenses that the parties agree to before the mediation begins.

If mediation is/can not be successful then parties may consider e-Court Arbitration process. e-Court provides members with an arbitrary decision between conflicting parties, conditional that parties have agreed to abide my the decision prior to commencing with the proceedings. Furthermore an arbitrary decision also include an escrow to cover a guaranteed payout to either the plaintiff or defendant whichever party has been awarded IF the awarded amount can not be cashed/collected ( for whatever reason ). With no "payout" problems, the escrow fees are fully refundable to both parties. The fees during the arbitration process are held in a special "escrow" fund with The Bank of Montreal ( e-Court's official bank ).

Alternatively e-Court provides members with a legal opinion rendered by a professional experienced judge. This judgement is NOT binding and therefore does not include upfront escrow charges. Furthermore e-Court does not offer an appeal when a legal opinion is rendered. A judgement can be of particular value for parties to "test the waters" prior to seeking an arbitration or a decision in traditional courts.