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Failure to attend mediation does not bar arbitration if the prescribed time for mediation has expired.
The appellant was injured in a motor vehicle accident and sought statutory accident benefits from her insurer.
After a dispute arose, she filed for mediation but failed to attend the rescheduled mediation session.
The arbitrator dismissed her subsequent Application for Arbitration as statute-barred, finding she acted in bad faith by not attending.
On appeal, the Director's Delegate reversed the decision, holding that under the Insurance Act, mediation fails when the prescribed or agreed time expires without a settlement.
Since the time had expired and the mediator issued a report of failed mediation, the appellant was entitled to proceed to arbitration.
