The Rules of Professional Conduct of the Law Society of Ontario Section 5.7 regarding the role of a lawyer as a mediator state:

5.7-1 A lawyer who acts as a mediator shall, at the outset of the mediation, ensure that the parties to it understand fully that

(a) the lawyer is not acting as a lawyer for either party but, as mediator, is acting to assist the parties to resolve the matters in issue; and

(b) although communications pertaining to and arising out of the mediation process may be covered by some other common law privilege, they will not be covered by the solicitor-client privilege.

A quick internet search today found several million entries regarding the role and responsibility of mediators in different professions and situations. Mediation was not common in the legal profession until after the 1980’s. It was not until 1988 that the Canadian Bar Association established a committee to report on the use of mediation. Since then, the use of mediation has grown substantially, especially in disputes involving family and inheritance matters. For more information on the early developing role of the lawyer as mediator please see the 1985 Canadian Bar Review Article  – The Lawyer as Mediator: Professional Responsibility Problems or Profession Problems?, 1985 CanLIIDocs 29.

Thank you for reading.

James Jacuta