Court proceedings/Arbitration in parallel
The commencement of a mediation will not prevent the
parties from commencing or continuing court proceedings / an arbitration.
Note: This provision will need to be modified where
a provision in included requiring mediation before litigation/arbitration, except as
necessary to preserve rights or deal with limitation periods.
Mediation in parallel
Any party which commences court proceedings / an
arbitration must institute a mediation within  days after the delivery of the
statement of defence/statement by the respondent in the arbitration proceedings, as
No further steps in legal proceedings
The parties undertake not to take any further steps in any
legal proceedings regarding the issues being mediated while the mediation is in progress,
unless the same are necessary to preserve rights.
These ADR Clauses have been produced by
The Canadian Foundation for Dispute Resolution. Any feedback or concerns on the content of
this document please contact CFDR at the addresses below.
The Canadian Foundation for Dispute Resolution
234 Eglinton Avenue East, Suite 500, Toronto, Ontario, M4P 1K5
Tel. (416) 487-4733 Fax. (416) 487-4429
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