Dear ADRIO Members,
The Civil Rules Review (CRR) Phase 2 Consultation Paper is available for review. This initiative, launched by Attorney General Doug Downey and Superior Court Chief Justice Geoffrey B. Morawetz, aims to reform Ontario’s Rules of Civil Procedure to make civil proceedings more efficient, affordable, and accessible.
The consultation period is open until June 16, 2025 and the CRR working group will accept feedback to the proposed reforms until June 16, 2025. ADRIO will be submitting a summary of member feedback and input; if you would like to participate, please share your thoughts by email to ed@adr-ontario.ca by May 29th
Your input is invaluable in shaping meaningful improvements to Ontario’s civil court system. Thank you for your participation in this important process.
Long-standing ADRIO Member and Star Award Recipient, Colm Brannigan, C.Med, C.Arb, C.Med-Arb, wrote an excellent summary of this development, highlighting why it is important for mediators across the province to pay heed. See his remarks below.
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Reimagining Civil Justice: What the Civil Rules Review Means for Mediation in Ontario
By Colm Brannigan
Sweeping change is underway in Ontario’s civil justice system. The recently released Phase Two Consultation Paper from the Civil Rules Review (CRR) Working Group calls for a foundational shift in how we approach civil litigation—away from the entrenched culture of procedural maximalism and toward a model grounded in proportionality, efficiency, and early resolution.
What does this mean for mediation? In short, everything.
A Shift from Process to Purpose
The proposed framework acknowledges a reality well understood by mediators: process alone does not equal justice. Delays and excessive cost have long undermined public confidence in the courts. The CRR rightly questions whether a multi-year procedural journey is necessary—or even defensible—for private disputes.
The new model proposes a systemic move toward earlier engagement, clearer communication, and resolution-focused case management. These principles resonate deeply with the values and practices that underlie mediation.
Pre-Litigation Protocols: Mediation as a First Step
Perhaps most significantly, the paper introduces mandatory pre-litigation protocols (PLPs) for certain claim types, including personal injury and liquidated debt. These protocols require early document exchange, genuine attempts at communication, and serious consideration of mediation before filing a claim.
If adopted, PLPs would normalize early mediation as a standard step in the dispute resolution process—effectively positioning mediators as front-line participants in the civil justice system.
Up-Front Evidence: Mediation Ready Sooner
The elimination of oral discoveries and introduction of up-front witness statements and limited documentary disclosure means that parties will be better informed, earlier. This makes for more productive mediations. Disputes will arrive at the table with the factual groundwork already laid, creating real opportunities for resolution before litigation becomes entrenched.
For mediators, this will require a shift in approach. We will need to be comfortable engaging with evidentiary material earlier and may find ourselves supporting parties who have not yet undergone traditional litigation “battle-testing.” The opportunity, however, is significant: to assist in resolving disputes before escalation, not after it.
Case Management and Mandatory Timelines: Mediation Embedded in the System
The introduction of a One-Year Scheduling Conference as a standard milestone includes the scheduling of mediation as a matter of course. This further embeds mediation within the procedural architecture of civil justice.
The message is clear: mediation is no longer an optional detour; it is a core element of a reformed and rational process.
Cultural Shift: The Duty to Co-operate
The proposed general duty of parties and counsel to “co-operate” in achieving just, cost-effective outcomes aligns with the ethos of mediation. While the adversarial system is not being dismantled, it is being reshaped—away from attrition and toward resolution. Mediators will find their efforts supported by the very rules that govern proceedings.
Implications for ADR Professionals
These reforms have the potential to reshape the civil landscape in Ontario. For mediators, they offer both a challenge and an opportunity:
- Training and Practice: Mediators must become fluent in new procedural norms, particularly the implications of the up-front evidence model.
- Process Design: Early-stage mediation processes may need to evolve to fit within PLPs and tighter timelines.
- Collaboration with Counsel: We must support counsel in leveraging mediation earlier and more effectively.
- Access to Justice: Above all, we have a role to play in ensuring that the promise of timely, affordable justice becomes a practical reality for parties across Ontario.
The CRR consultation process closes in June 2025. I encourage ADR professionals—particularly mediators—to engage with the proposals. They represent more than regulatory reform; they signal a pivotal rethinking of how justice is delivered. Mediation is not an add-on to this vision—it is at its heart.
The Phase 2 Consultation Paper is available at: https://www.ontariocourts.ca/scj/files/pubs/Civil-Rules-Review-2025-phase-two-EN.pdf