Mediation can be a cost effective and timely way to bring about a negotiated resolution to estate or POA disputes. In estate litigation matters, mediation can even be mandatory under certain circumstances. As per Rule 75.1 of the Rules of Civil Procedure, parties to estate litigation matters commenced in Toronto, Ottawa, or Essex County (Windsor) are required to attend mediation as part of the litigation process. However, as the proverb goes: you can bring a horse to water, but you can’t make it drink.

Despite the adage, attending mediation, even though it be begrudgingly, can be a productive part of the litigation process. Although there is the added cost and the positions of the parties may be too far apart to reach a compromise, mandatory mediation provides an opportunity for the parties to discuss the issues. This can be an opportunity for the parties to address side issues and refocus the subject of the matter before proceeding to litigation. Going through the mediation process can equally be an opportunity for the parties to develop the theory of their case and assess the strength of their position in front of an impartial mediator.

Although there is no guarantee that mandatory mediation can expedite the resolution of estate disputes, being required to engage with the other party can run the risk of finding a compromise and bringing about a prompt resolution to an estate litigation matter.