What are the costs of a personal injury settlement when the parties settle a civil action with the assistance of a private mediator?
Ontario, Canada
The following excerpt is from Sedge v. Toronto Police Services Board, 2017 ONSC 6266 (CanLII):
Where the parties settle a civil action with the assistance of a private mediator, as occurred in this case, they should make every effort to settle the costs to be paid and, if they are unable to do so, they should make arrangements with the mediator for him or her to decide the amount to be paid for such costs. The mediator would have knowledge of the factual and legal issues of the case and would be best equipped to make this determination. Alternatively, the parties should request an order for assessment of such costs by an assessment officer under rule 58 of the Rules of Civil Procedure. This is the procedure that was followed in Mullin v. Legace where costs were assessed by an assessment officer after a settlement.
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