This was a rather interesting case about mandatory mediations, reported in the September 2006 Ontario Reports. The parties attended a mandatory mediation that allegedly resulted in an oral settlement. The plaintiff was physically present at the mediation, while the defendant attended by conference call. The defendant brought a motion for judgment under the oral settlement; however, the plaintiff denied that a legally enforceable settlement was reached. The Ontario Superior Court of Justice held that the requirement of confidentiality that attaches to mandatory mediations “cannot be relied on to prevent a party from attempting to establish that a settlement was reached at a mediation”. The court had the authority to enforce an oral settlement reached at a mandatory mediation. To oust the court’s jurisdiction in this regard would require very clear language in the Rules. The court also held that the failure to obtain a court order to allow the defendant to be present by way of conference call did not vitiate the settlement, as the parties consented to a variation of the Rules in this regard.

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