Dispute Resolution Services Initiatives

Mediation at the Financial Services Commission of Ontario (FSCO) is a mandatory first step in the dispute resolution process. Claimants cannot proceed to court or arbitration unless mediation at FSCO has been sought and failed. Beginning in 2008, however, an unprecedented increase in Applications for Mediation resulted in a major backlog of mediation files.

FSCO implemented a number of initiatives that significantly reduced the backlog of mediation files, such as an online scheduling system (the eCalendar) and the use of a private dispute resolution service provider. As a result, the backlog was eliminated on August 19, 2013. New Applications for Mediation are assigned to mediators within a couple of days of receipt.

There has been a steady increase in Applications for Arbitration since 2006-07. As a result of clearing the mediation backlog and other external factors, this trend is continuing. Currently, approximately 72% of failed mediations proceed to arbitration at FSCO.  FSCO is continuing to use the private service provider to assist with arbitration files.

The following chart indicates the year-over-year changes in Applications for Arbitration.

Annual Changes in Applications for Arbitration


Number of Applications: 2007-08 = 2747, 2008-09 = 3045, 2009-10 = 3421, 2010-11 = 4193, 2011-12 = 5260, 2012-13 = 10510

Variance Over Prior Year (%): 2007-08 =3.6%, 2008-09 = 10.8%, 2009-10 = 12.3%, 2010-11 = 22.6%, 2011-12 = 25.4%, 2012-13 = 99.8%

_{Source: fsco.gov.on.ca}