A significant backlog of mediation files has developed at the Financial Services Commission of Ontario (FSCO) due to an unprecedented increase in Applications for Mediation. This has resulted in longer wait times for assignment of files to a mediator.
The information below will keep stakeholders up-to-date as FSCO moves forward with specific initiatives to address the backlog.
FSCO has undertaken a number of initiatives to address the backlog, which have resulted in a 50 per cent increase in productivity.
The following initiatives are ongoing:
Private Sector Dispute Resolution Services
ADR Chambers has been identified as the vendor that best meets the requirement to provide dispute resolution services to target the mediation backlog. The selection followed an open procurement process that was monitored by an independent Fairness Commissioner.
FSCO anticipates that it will begin assigning mediation files to ADR Chambers as of September 19, 2012.
Up to 2,000 mediation files per month are expected to be assigned to ADR Chambers. This is over and above the files that will continue to be handled by FSCO’s mediators.
In addition, FSCO anticipates that it will begin assigning arbitration files to ADR Chambers in October 2012. Although volumes of arbitration files may begin slowly, they are expected to increase as mediation files move through the system. FSCO expects to assign up to 500 arbitration files per month to ADR Chambers.
Both insurers and claimants’ representatives are urged to ensure they have adequate staff resources in place to participate in this accelerated number of dispute resolution proceedings.
The eCalendar Application
Consent to Extend
Parties awaiting mediation may jointly consent to extend the time for the completion of the mediation process by signing and returning the Consent to Extend Time for Mediation Form and returning it to FSCO.
Upon receipt of a properly completed form, the file will join the queue with all other mediation files to be booked for a mediation meeting, either at FSCO or with external service provider(s). Consent to Extend Form Size: ## kb
Consent to Fail
Where parties have made genuine efforts to resolve a dispute without any success and feel that there is no reasonable prospect of resolution if a mediation meeting were to take place, they may jointly request FSCO to fail the mediation by completing the Consent to Fail Mediation Form.
Upon receipt of properly completed form, FSCO will assign your request to a mediator for a paper review and a Report of Mediator will be issued as appropriate.
When completing the form, parties must:
- List the issues in dispute.
- Provide confirmation that genuine efforts were made to resolve the dispute and that there is no reasonable prospect of a resolution.
- Include the following signatures:
- witness for the claimant;
- claimant representative;
- witness for the claimant representative;
- insurance representative; and,
- witness for the insurance representative.
The completed and signed form and any relevant supporting documents should be sent by mail or fax to:
Financial Services Commission of Ontario
Dispute Resolution Services
5160 Yonge Street, 14th floor, Box 85
Toronto ON M2N 6L9
Fax: (416) 590-7077
Upon receipt of a properly completed form, FSCO will assign your request to a mediator for a paper review. If the mediator is of the opinion that mediation will fail, FSCO will issue a Report of Mediation failing the issues, and the file will be closed.
General Reminder: Where the issues in dispute have been settled, please provide a copy of the settlement documents by email at FSCODRCD@fsco.gov.on.ca or by fax at 416-590-7077. FSCO will process your notification before closing the file.
For more information, visit www.fsco.gov.on.ca or contact FSCO’s Dispute Resolution Services Branch’s enquiry line at 416-590-7210.
Consent to Extend Time
(Released: December, 2012)
Mandatory Settlement Blitz Days
As of November 4, 2011, claimant and insurer representatives with multiple common files that have not yet been assigned to a mediator have been required to attend settlement blitz days organized by FSCO. The blitzes aim to close multiple files in a single day. Mediators are assigned to facilitate the sessions and record the outcomes.
- December 31, 2012 (New pilot initiative: Adjournment/rescheduling process)
- December 31, 2012 (Update: Ontario Court of Appeal Decision Regarding Failed Mediation and Process Impacts)
- December 24, 2012 (Update: Ontario Court of Appeal Decision Regarding Failed Mediation)
- August, 21, 2012 (Insurance Company CEO), August, 21, 2012 (Law firms/paralegal firms)
- August 15, 2012 | Size: 227 kb
- May 23, 2012 | Size: 40 kb
- January 13, 2012 | Size: 48 kb