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As set out in the standard Percival Law Mediation Agreement, Unless the mediation relates to a motor vehicle accident and was requested under 258.6(1) of the Insurance Act of Ontario, in which case the mediator's fee is borne by the defending insurer(s), then the parties agree upon the mediator's fee in accordance with the following Fee Schedule, and that the mediator’s fee shall be shared equally between the parties, with each party paying their proportionate share at the end of the mediation, unless the parties agree in advance, or one party agrees at the end of the mediation, to pay the mediation fee in its entirety, including the shares of the other parties involved:

Table 1
½ DAY 3 hours mediation, plus preparation $1,600, plus disbursements (travel-related charges, room accommodation and food and beverage, if applicable), plus HST
FULL DAY 7 hours mediation, plus preparation $2,800, plus disbursements and HST
ADDITIONAL TIME beyond mediation type booked (including preparation), if mediation runs longer than allotted time, or for subsequent after mediation efforts, if requested by the parties Additional hourly basis, not reducible to fractions of the hour, and rounded up to the hour $300 per hour, plus HST
CANCELLATION   $500, plus disbursements (if applicable) plus HST, billed to the cancelling party
RESCHEDULING   $250, plus disbursements (if applicable) plus HST, billed to the cancelling party


In accordance with the provisions of Rule 24.1 of the Ontario Rules of Civil Procedure, if the mediator is on the Ontario Mandatory Mediation Program's roster of mediators, the mediator's fees for ½ hour of preparation time per party and a mediation session of up to 3 hours cannot exceed the amount shown below:

Table 1
2 $600 plus HST
3 $675 plus HST
4 $750 plus HST
5 or more $825 plus HST

(Note: These fees do not include the cost of a party's lawyer, nor additional disbursements charged by the mediator for travel-related charges, room accommodation, and food and beverage, if applicable, as agreed upon in advance before the mediation begins.) 

 Subject to Paragraph 21 above, all parties share the cost of the mediation session, and each party is required to pay an equal share of the mediator's fees. Parties pay mediators directly for their services. However, under Rule 75.1 of the Rules of Civil Procedure, the court may order a different allocation of the fees. 

If the session is not concluded within 3 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. To that end, the mediator T. H. Percival requests that the additional time be billed on a private mediation rate, i.e., $300 per hour, plus HST, on the basis set out above. 

If a mediation is scheduled as a 1⁄2 day mediation at roster rate that should properly have been scheduled as a full day mediation, and the mediation runs longer than 2 extra hours, the mediation shall be treated as a full day mediation and charged at private rate.

Percival Law Professional Corporation
3228 South Service Road, Suite 102
Burlington, Ontario L7N 3H8
T. 289.635.1985  F. 289.635.1986
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