Are there any exemptions to the requirement to attend mediation under the Notice to Mediate process?
Yes. Exemptions to the requirement to attend mediation are allowed in limited circumstances, such as when all parties have already participated in a mediation session in relation to the same dispute, or if a judge orders that one or more parties is exempt from attending the mediation. In addition, the parties can agree that a particular party need not attend the mediation session. Also, the Notice can only be used once in connection with the same action, unless the court orders otherwise. What if a party uses the Notice to Mediate to trigger early mediation and the full extent of damages cannot yet be determined? If the full extent of damages cannot yet be determined there is little likelihood that a settlement will be reached in mediation, and there is no point in one party compelling the other parties to mediate. This is a critical factor to consider in deciding whether, and when, to use the Notice to Mediate. A party may apply to the court for an adjournment of the mediation, and th
