Serving all of Ontario

Don’t Litigate It
MediateIt

David Derfel draws on over two decades of litigation experience, including trials, jury trials, and arbitrations, to help parties resolve personal injury and estate disputes efficiently, without the cost and stress of court.

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David Derfel, mediator and litigation lawyer at Devry Smith Frank LLP, Toronto

David Derfel

Lawyer & Mediator — Personal Injury & Estate Litigation

David Derfel is a Partner at Devry Smith Frank LLP, where he maintains an active litigation practice combining personal injury and estate litigation. He was called to the Ontario Bar in 2002 and brings over two decades of courtroom experience to the mediation table — including trials, jury trials, and arbitrations before Ontario’s courts and administrative tribunals. He holds a Bachelor of Administrative Studies from York University and a Bachelor of Laws from the University of Windsor.

Having acted for both plaintiffs and defendants across hundreds of contested proceedings, David brings practical, balanced judgment to every session. His litigation background means he understands the strengths and pressures on both sides — and uses that perspective to help parties find common ground.

Called to the Bar Ontario, 2002
Education B.A.S. (York) · LL.B. (Windsor)

What We Mediate

Mediation Services

Practical, experienced mediation for Ontario’s two most common litigation streams.

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Personal Injury Mediation

In Ontario, trial dates in busy court centres can be years away — and the road to get there is expensive, unpredictable, and hard on everyone involved. Mediation offers plaintiffs and defendants alike an earlier opportunity to resolve the dispute on terms they both accept, with certainty. At trial, one side will lose. Mediation replaces that uncertainty with a negotiated result that both parties have agreed is acceptable, typically reached in a single day and at a fraction of the cost of proceeding to trial. For plaintiffs, it means earlier compensation without the stress of cross-examination and verdict risk. For defendants and insurers, it means cost control, finality, and no exposure to an unpredictable jury award.

  • Motor vehicle accidents (car, motorcycle, truck)
  • Slip and fall / occupier’s liability
  • Brain and spinal cord injuries
  • Catastrophic impairment disputes
  • Accident benefits (SABS) disputes
  • Long-term disability and life insurance claims
  • Medical and dental malpractice
  • Nursing home and long-term care negligence
  • Product and equipment liability
  • Aircraft, ATV, snowmobile, and boating accidents
  • Swimming pool injuries
  • Children’s injuries
  • Orthopaedic injuries
  • Wrongful death claims
  • Class actions
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Estate & Trust Mediation

Estate disputes are among the most emotionally charged matters in litigation. They arise at a time of grief, when family members are already under strain — and they can fracture relationships that have lasted a lifetime. What begins as a disagreement over a will or an executor's conduct quickly becomes personal, and the adversarial nature of courtroom litigation often makes things worse, not better.

Mediation offers something a court order cannot: a process where every party has a voice, where the human dimensions of the dispute are acknowledged, and where resolution comes from the people involved — not from a judge who has known them for three days. A negotiated outcome allows families to grieve without a lawsuit hanging over them, to preserve relationships where that is possible, and to move forward. For many people, the ability to put the dispute behind them and focus on what comes next is worth more than any marginal legal advantage gained at trial.

Engaging a mediator early — before positions become entrenched and legal costs mount — gives parties the best chance of reaching a resolution on their own terms, at a fraction of the time and expense of proceeding to court.

  • Will validity, capacity, and interpretation disputes
  • Power of attorney and guardianship disagreements
  • Executor and trustee removal disputes
  • Passing of accounts and executor compensation
  • Dependant’s support claims
  • Trust interpretation and variation disputes
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New Format

60 Minute Rapid Resolution

A focused, fixed-time mediation for straightforward two-party disputes. Sometimes the best way to reach a resolution is to put a clock on it.

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Concise Briefs

Each party submits a mediation brief of no more than 5 pages. The discipline of a short brief sharpens the issues and sets the right tone for a focused session.

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Two Parties Only

This format is designed for disputes with exactly two parties. The simplicity keeps the session tight and the conversation direct.

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Hard Stop at 60 Minutes

No extensions, no overtime. The session ends at 60 minutes whether or not the matter has settled. The clock is part of the process — when the pressure is on, parties often find a way.

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$500 + HST Per Party

A flat fee of $500 + HST per party. No preparation surcharge, no facility fee.

Rapid Resolution works best for disputes where the gap between the parties is not wide, the facts are not seriously in dispute, and both sides are motivated to resolve. When the clock is ticking, there is no room for posturing — and that often turns out to be exactly what moves things forward.

Book a Rapid Resolution Session

Why Mediate

The Benefits of Mediation

Don’t leave the outcome in the hands of someone who does not have to live with the consequences.

01

Cheaper Than Litigation

Most mediations wrap in a single day. Trials consume weeks — with expert, preparation, and counsel costs to match. A negotiated settlement eliminates all of that.

02

Confidential

Mediation discussions are protected by settlement privilege. Nothing becomes part of the public record.

03

You Control the Outcome

A mediator does not impose a decision. The parties control the outcome — and can craft solutions no court order could.

04

Protects Relationships

Litigation strains relationships. Mediation gives parties a chance to be heard and to reach resolution without the damage a courtroom fight leaves behind.

How It Works

The Mediation Process

A straightforward, four-step process designed to move parties from dispute to resolution.

1

Book a Session

Contact our office to book a mediation session.

2

Before the Mediation

Each party submits a mediation brief at least seven days before the session.

1. Personal Injury Mediation
The brief outlines the facts of the accident, the nature of the injuries, and the legal arguments regarding liability and damages, accompanied by key supporting documents such as medical records, expert prognosis reports, and financial statements detailing lost income.

2. Estate Mediation
The brief outlines the history of the family dispute, the competing legal positions regarding asset distribution, and the parties’ respective goals for resolution, accompanied by key supporting documents such as testamentary instruments, trust documents, and current asset valuations.

3

Mediation Day

Mediation can be conducted in person or by Zoom — both are equally effective. The choice is entirely up to the parties.

1. Personal Injury Mediation
The session begins with a joint opening. Each side has the opportunity to advocate their position — presenting the facts, the injuries, and their legal arguments before all parties in the room. This is followed by private caucuses with each side, where David works through the issues, explores interests, and provides candid assessments to move the parties toward resolution.

2. Estate Mediation
Estate mediations typically proceed without a joint opening. Given the emotional dynamics involved, David goes directly into private caucuses with each party, allowing everyone to speak candidly without the tension of an adversarial opening. This approach creates a more constructive environment and gets to the heart of the dispute sooner.

4

Settlement & Documentation

When parties reach agreement, Minutes of Settlement and any required Releases are drafted and signed at the session. For estate matters, settlement documentation addresses notice requirements, independent legal advice, and the interests of all beneficiaries. The signed agreement is a binding contract.

Transparent Pricing

Fees

Fees are shared equally among the parties unless otherwise agreed. All fees are subject to HST. Preparation time is included.

⏱  60 Minute Rapid Resolution

Two parties only — fixed 60-minute session, no extensions — briefs max 5 pages each

Format
Fee + HST
$500 + HST per party
$500

Half-Day Sessions

3 hours — morning (10 am–1 pm) or afternoon (2–5 pm)

Parties
Fee + HST
2 parties
$1,500
Each additional party
$500

Full-Day Sessions

7 hours — 10 am to 5 pm

Parties
Fee + HST
2 parties
$2,500
Each additional party
$750

Additional Fees & Disbursements

  • Overtime beyond the scheduled session: $350 per hour or part thereof
  • Videoconference mediations: no additional charge
  • Use of firm facilities at Devry Smith Frank LLP: no charge — conveniently located at Don Mills and Lawrence, with ample free parking and easy access to the DVP
  • In-person venue, parking, and catering (if requested): charged at cost
  • Travel outside Toronto by car: per-kilometre charge applies
  • Flight and/or overnight stay where required: charged at actual cost
  • HST is payable on all fees and cancellation charges

Cancellation Policy

More than 5 business days before the session: full refund.

Within 5 business days but more than 24 hours before the session: 50% cancellation fee.

Less than 24 hours before the session: full fee charged, no refund.

Common Questions

Frequently Asked Questions

What is the 60 Minute Rapid Resolution format?

Rapid Resolution is a fixed 60-minute mediation designed for two-party disputes where the gap between the parties is not wide and both sides are motivated to resolve. Each party submits a brief of no more than five pages. The session ends at exactly 60 minutes — no extensions. The fee is $500 + HST per party. When the clock is ticking, there is no room for posturing, and that often turns out to be exactly what moves things forward.

Is Rapid Resolution right for my case?

Rapid Resolution works best when the facts are largely agreed upon, the legal issues are straightforward, and both parties are genuinely motivated to settle. It is not suited for multi-party disputes, complex liability questions, or cases where significant documentary review is needed on the day. If you are unsure, contact us and we can advise which format fits your matter.

What is mediation?

A neutral third party helps disputing parties negotiate a resolution. Unlike a judge, the mediator cannot impose a decision — the parties control the outcome. It is faster, less expensive, and less adversarial than going to trial.

Why mediate instead of going to trial?

Trials are unpredictable and expensive. Mediation replaces that uncertainty with a result both sides have agreed is acceptable — usually in a single day, at a fraction of the cost, with no risk of an adverse verdict.

Is mediation mandatory in Ontario?

For most defended actions in Toronto, Ottawa, and Essex County (Windsor), mediation is mandatory before trial. In other regions, parties can agree to mediate voluntarily, and courts may also order it.

Is it mandatory for estate disputes?

In Toronto, Ottawa, and Essex County (Windsor), mediation is mandatory under Rule 75.1 for many contested estate matters including will challenges, passing of accounts, and power of attorney disputes. Elsewhere, parties can mediate voluntarily at any stage.

Is mediation confidential?

Yes. Everything said at mediation is protected by settlement privilege and cannot be used in court if the matter does not settle. This allows parties to speak openly and make offers without risk.

How long does a session take?

Sessions are booked as a half day (3 hours) or full day (7 hours, 10 am to 5 pm). Estate matters with multiple parties often benefit from a full-day booking.

Who needs to attend?

Each party and their counsel. For personal injury matters, an insurer representative with authority to settle must attend. For estate matters, all parties or their counsel with full settlement authority must be present.

What do I need to prepare?

Each party submits a mediation brief at least seven days before the session covering the key facts, legal issues, and supporting documents. David will provide guidance on what to include.

What if we don't fully settle?

A partial resolution is still valuable. Narrowing the issues reduces trial time and cost, and often leads to full settlement shortly after.

What happens if we do settle?

Minutes of Settlement are drafted and signed at the session, creating a binding contract. For estate matters, any required notices, releases, and independent legal advice certificates are addressed at that time.

How are fees paid?

Fees are split equally among the parties unless otherwise agreed, and are payable in advance. See the Fees section for current rates.

Schedule a Mediation

Contact us directly to book a session. We typically confirm availability within one business day.

Phone 416-847-3580
Email david.derfel@devrylaw.ca
Office Devry Smith Frank LLP
95 Barber Greene Road, Suite 100
Toronto, ON  M3C 3E9
Hours Monday – Friday, 9 am – 5 pm
Coordinator Wendy Cornacchia — wendy.cornacchia@devrylaw.ca
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Don’t Litigate It, MediateIt.