What is the test for skipping the mediation stage and proceeding directly to arbitration?
Ontario, Canada
The following excerpt is from Marchese v. Marchese, 2007 ONCA 34 (CanLII):
Finally, this is not a case like Hercus v. Hercus, [2001] O.J. No. 534, where, contrary to the agreement, the mediation stage was skipped and the arbitrator proceeded directly to arbitration. Here, mediation was attempted and the move to arbitration only occurred after it became clear that mediation would fail.
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