An Ontario court considered whether an “evaluator” hired by the parties to assist in resolving a construction dispute should be treated as a mediator. One party argued that the process was not a true mediation, but the court looked at the essence to conclude that the process should be privileged and confidential as long as it involved a dispute in which litigation is contemplated and communications seeking to reach settlement were not intended to be disclosed to the court. Ledcor Constr. Ltd....
