My case was commenced after December 31, 2004. When must the parties engage in mediation?
Parties are expected to mediate at the earliest stage in the proceeding that it is likely to be effective. In any event, parties to a civil action must complete mediation within 90 days of filing a trial record. As there will be a minimum of 90 days notice in advance of the pre-trial, mediation must have taken place before the pre-trial. Mandatory mediation now also applies to simplified procedure cases commenced on or after December 31, 2004, and in such cases and in wrongful dismissal cases (whether commenced under the simplified procedure or not), parties must engage in mediation within 150 days after the close of pleadings.
