Financial Debt
Under $5000
Over $5000
Over $5000
Over $5000
During the pilot at Robson Square court house in Vancouver, most cases with claims and counter claims above $5,000 and up to $25,000 and all personal injury claims are scheduled for a mediation session, pursuant to Rule 7.4
At a two-hour mediation, the parties sit down together in an informal and confidential setting and find solutions to their problems with the help of a mediator. The mediations are held in rooms in the courthouse and are private, unlike trials, which take place in courtrooms that are open to the public. The outcome of mediation is decided by the parties, not by a judge or by the mediator.
The mediator is impartial and is trained to help you and the other parties resolve the dispute. The mediators sometimes work in teams of two. They are assigned by the BC Dispute Resolution Practicum Society, which administers the Court Mediation Program.
The parties involved in the case must attend the mediation. Parties who are individuals must attend in person. If a party is a corporation, society or partnership, some one who knows the facts of the case and who has authority to settle the dispute must attend. Generally, witnesses do not attend.
There is no cost to the parties.
If you have a lawyer representing you, your lawyer may attend the mediation with you. Whether or not you choose to have your lawyer at the mediation, you should talk to them about the mediation when you are preparing for it.
As you prepare for mediation, you may want to note answers to the following questions:
What is the best result I can hope for?
What is the worst result that could happen?
What is really important to me in this dispute?
What are the other person’s main concerns?
How can I answer those concerns?
You should bring any documents, including statements, invoices or photographs that relate to your dispute.
If you require the services of an interpreter, you must provide your own accredited interpreter. Your lawyer will usually arrange this. However, if you do not have a lawyer, the Society of Translators & Interpreters of B.C. (www.stibc.org/directory.php) has a list of interpreters for a specific language in your area. You must pay all interpreter's fees yourself (with the exception of a sign language interpreter), unless the court rules in your favour and directs that your court costs be paid by the other side in your case. However, even if the court does order this, you will still need to pay all interpreter fees in advance. You would be reimbursed for this expense later.
If you need more information, visit the Court Services Branch website to access more information about interpreters: http://www.ag.gov.bc.ca/courts/civil/info/interpreter.htm
At the mediation, the mediator and the parties sit around a table in the mediation room. The mediator explains the mediation process and reviews the agreement to mediate with you. All participants must sign the agreement to mediate. The mediator can answer any other questions you may have about the process.
Together you decide what issues need to be resolved. Each party has a chance to tell their story and to explain what is important to them. If you do not understand what is being said during the mediation, you may ask questions at any time. The mediator helps to guide the discussion so everyone has a chance to speak. Often, the mediator will meet separately with the parties to discuss possible solutions.
You are not required to reach a final agreement at mediation. But if you and the other parties resolve your dispute, the mediator will help you to put the agreement in writing. The agreement sets out what happens if one party does not abide by the agreement terms. The agreement can be enforced in court.
If the mediation does not result in an agreement, the next step is a trial conference with a judge.
Sometimes, only some issues are resolved at mediation. When this happens, the issues that are resolved are put into an agreement and the rest of the case goes on to the trial conference.
The trial judge is told only what issues remain to be resolved, but not what happened or what was said at the mediation.
Even if mediation does not fully resolve your case, it is unlikely that will be a wasted effort. If you do have a trial, it may be shorter and easier than if you had not participated in mediation first.
If your dispute was not mediated before the trial conference, you may ask the judge at the trial conference to refer your case to mediation.
If the claimant does not attend the mediation, the case may be dismissed. If the defendant does not attend the mediation, the claimant may ask for an immediate judgment against the defendant.
If you cannot make the date set for the mediation, you can request to have the date changed. The first step is to ask the other parties to agree to the change. If they agree, then you can file a consent order, with their written consents, at the Robson Square court registry in Vancouver.
If you are unable to reach an agreement with all parties, you may file an application to the registrar (Form 16). This filing must be done at least seven days before the date set for trial. The application must explain the reason you want to change the date and that you asked the other parties for their consent. If the application is granted by the registrar, a new date will be set for the mediation.
The Court Mediation Program staff can answer specific questions you may have about the mediation process. Contact:
Court Mediation Program
Telephone: 604-684-1300 Fax: 604-684-1306
For information on your mediation date or other small claims court processes, refer to Small Claims Rule 7.4 or contact:
Vancouver - Robson Square Small Claims Court Registry
Telephone: 604-660-8989 Fax: 604-660-7095
