Motor Vehicle & Personal Injury Mediation
Motor vehicle, personal injury and insurance litigation commonly involves questions of liability, causation, damages and insurance coverage. These matters may include motor vehicle accident claims, occupiers’ liability, disability claims, wrongful death claims and other negligence-based actions. The issues frequently extend to contributory negligence, the nature and extent of the plaintiff’s injuries, medical and rehabilitation evidence, pre-existing conditions, threshold issues, future care needs, loss of income and earning capacity, housekeeping and other pecuniary losses, together with claims by family members for loss of care, guidance and companionship.
Insurance-related litigation may also involve coverage and exclusion issues, disability benefits, subrogated claims, contribution and indemnity, disputes between insurers, and the interpretation and application of policy terms. Multi-party claims may raise additional questions concerning the allocation of responsibility among defendants, insurers and other interested parties.
Approach
Robert Karrass works with the parties to identify the issues most likely to determine the outcome, test competing positions on liability, causation and damages, and bring practical focus to the medical, evidentiary and valuation questions that often drive these cases. His role is not simply to carry offers between rooms, but to help counsel and parties manage expectations, realistically assess risk, narrow areas of disagreement and identify a path toward resolution.
Fee Schedule
| Service | Fee |
|---|---|
| Two (2) party half-day mediation | $1,850.00 |
| Two (2) party full-day mediation | $3,500.00 |
| Each additional party in a multi-party mediation | $300.00 |
| Overtime (per additional hour) | $550.00 |
These rates include up to three (3) hours of preparation time on half-day mediations and up to five (5) hours of preparation time on full-day mediations.
Additional preparation time, if requested by the parties or agreed to in advance where warranted by the complexity or volume of the materials, will be billed at $550.00 per hour.
HST will be added to all invoices.
Booking a Mediation
Current availability may be reviewed online at any time. Once counsel have agreed upon a mutually convenient date, the mediation may be reserved directly through the online booking calendar.
At the time of booking, counsel will be asked to provide the necessary matter and participant information and to accept the applicable mediation terms. Once the booking is completed, the date will be reserved and a confirmation will be sent to counsel.
Common Questions
What is your cancellation policy?
Once a date is confirmed, it is reserved exclusively for your matter and the time cannot usually be refilled on short notice.
| Notice given before the mediation | 2 parties | 3 parties | 4 parties | 5 parties |
|---|---|---|---|---|
| More than 60 days | No charge | No charge | No charge | No charge |
| More than 30 days but less than 60 days | $925.00 | $1,075.00 | $1,225.00 | $1,375.00 |
| 30 days or less | $1,235.00 | $1,435.00 | $1,635.00 | $1,835.00 |
| Notice given before the mediation | 2 parties | 3 parties | 4 parties | 5 parties |
|---|---|---|---|---|
| More than 60 days | No charge | No charge | No charge | No charge |
| More than 30 days but less than 60 days | $1,750.00 | $1,900.00 | $2,050.00 | $2,200.00 |
| 30 days or less | $2,335.00 | $2,535.00 | $2,735.00 | $2,935.00 |
If the parties settle before the mediation date, please advise me as early as possible. The purpose of the cancellation policy is to keep mediation dates available where possible, not to penalize parties for settling.
Do you conduct mediations virtually or in person?
Both. Virtual mediation by Zoom has become the default for most personal injury and MVA matters. It eliminates travel time for out-of-town counsel, adjusters and clients, makes scheduling considerably easier, and works well with private breakout rooms for caucusing.
In-person mediations are available on request and may be particularly worthwhile in high-value, catastrophic or high-conflict matters where the parties would benefit from being in the same location. Hybrid arrangements, with some participants attending in person and others by video, can also be accommodated.
Where an in-person mediation is requested, the parties are responsible for the cost of the meeting room or facilities at the court reporting office where the mediation is held.
Who pays for mediation?
Unless the parties agree otherwise, the mediator’s fee is shared equally among the parties.
In an action arising from a motor vehicle accident, a plaintiff may specifically request mediation pursuant to s. 258.6(1) of Ontario’s Insurance Act. Where mediation is requested under that provision, the insurer is required to participate and is responsible for the cost of the mediation.
When is the best time to mediate?
Mediation can be scheduled at any stage of a proceeding. In many cases, however, it is most effective once liability is reasonably understood, the plaintiff’s medical condition has plateaued or the prognosis is sufficiently clear, and the core documentary evidence, including clinical records, expert reports and income-loss documentation, has been exchanged.
Mediating too early can result in an adjournment or a settlement reached without a sufficiently developed evidentiary record. Waiting until the eve of trial, on the other hand, may mean that much of the cost that could have helped bridge the settlement gap has already been incurred.
Completion of examinations for discovery is often a natural point at which to mediate, but every case is different. In some matters, an earlier mediation before litigation costs escalate is the better approach.
Who should attend the mediation?
Counsel for each party, the plaintiff, and a representative of each insurer with meaningful settlement authority should attend. The insurer’s representative should have sufficient authority to participate effectively in the negotiation rather than having to seek approval for every significant movement in position.
Rule 24.1.11 requires parties and their lawyers to attend a mandatory mediation, subject to the Rule’s specific provisions regarding representatives and settlement authority. I generally expect the same level of meaningful participation at a private mediation.
If a necessary participant cannot attend or a representative’s settlement authority will be limited, please let me know in advance so that we can determine how best to proceed.
What should counsel provide in advance of the mediation?
I ask counsel to provide a mediation brief at least seven days before the mediation and to exchange it with the other parties.
The brief should generally address liability, the injuries and their functional impact, damages, accident benefits paid or reasonably available, and any relevant deductions, offsets, liens or subrogated claims. It should also identify the principal areas of litigation risk, including threshold and deductible issues where applicable.
Please attach the medical and expert reports that materially affect the assessment of the case rather than the entire productions brief, and include the negotiation history and any outstanding offers.
If there is something you want me to know that should not be shared with the other parties, that can be addressed privately during the mediation.
Will you provide an assessment of the strengths and weaknesses of the case?
Yes, if the parties want one.
My primary role is to facilitate resolution by helping each side test its assumptions, understand the opposing position and realistically assess litigation risk. Where the parties ask for it, or where negotiations are stalled on a discrete issue such as threshold, causation, credibility or the likely range of damages, I am prepared to provide a candid assessment of the strengths and weaknesses of the competing positions and how an issue may be viewed by a decision-maker.
Any assessment is provided solely to assist the settlement process and is not binding on anyone.
Can counsel contact you before booking to discuss whether a matter is suitable for mediation?
Absolutely, and I encourage it.
A short call can often clarify whether the matter is ready for mediation, how much time should be reserved, who needs to participate, and whether something should occur first, such as an outstanding assessment, an exchange of productions or the addition of another party.
Pre-booking calls are without charge and, where appropriate, can be arranged jointly with opposing counsel so that everyone begins the process with the same expectations.