(d) Any party who calls the Ombudsman as a witness, issues a summons to appear against the Ombudsman or requests the production of the Ombudsman renounces his right to rely on and enforce the confidentiality provisions of that agreement, contrary to the Mediator. 4. a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed. 6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. b) The parties to this agreement agree that all communications and documents produced in this mediation, which cannot otherwise be discovered, will be shared on a non-harm basis and will not be used for discovery, cross-examination, court or any other proceeding. This is a legal reform that clearly has potential benefits for the parties to the dispute and we encourage people to seize the opportunity to resolve disputes through mediation where possible. It is not often that good news can be reported on the improvement of the judicial process. Today, that is what we are doing. Effective March 9, 2020, the new Rule 41A has been added to the High Court Rules. This new rule requires parties to the dispute (both appeals and motions) to initiate possible mediation from the outset.
10. If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. Of course, parties that try to hurt themselves and dive will never consent to mediation, because they do not want their dispute to be resolved quickly. But for many parties to the trial, this is not the case. A mediation process, if conducted in a professional manner, can lead to a quick and inexpensive resolution of many disputes that would otherwise continue for many years with all the frustration and costs of the courts.