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Difference between revisions of "Small Claims Mediation (20:X)"
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Small Claims Mediation (20:X) (view source)
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Rule 7.2(2) applies to all claims of $10,000 or less: | Rule 7.2(2) applies to all claims of $10,000 or less: | ||
*that involve a claim relating to the construction, renovation, or improvement of a building; | *that involve a claim relating to the construction, renovation, or improvement of a building; | ||
*that are one of the first 10 to 16 cases in which replies are filed in the month (number varies by registry—see Small Claims Rules Schedule D for specific information on each registry); | *that are one of the first 10 to 16 cases in which replies are filed in the month (number varies by registry—see 'Small Claims Rules', BC Reg 261/93, Schedule D for specific information on each registry); | ||
*where the parties consent and a judge refers to mediation; and | *where the parties consent and a judge refers to mediation; and | ||
*where, prior to the notice of settlement conference being mailed, a party completes and files Form 21. | *where, prior to the notice of settlement conference being mailed, a party completes and files Form 21. | ||
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== B. Claims Exceeding $10,000 – Rule 7.3 == | == B. Claims Exceeding $10,000 – Rule 7.3 == | ||
This rule applies to all registries except the Vancouver (Robson Square) court registry. | This rule applies to all registries except the Vancouver (Robson Square) court registry. See [[Small Claims Forms (20:III)#D. Alternative Dispute Resolution | Section III. D.: Alternative Dispute Resolution]]. | ||
Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate mediation by filing a Notice to Mediate (Form 29) and serving it on every other party to the proceeding (Rules 7.3(2), (3), and (5)). If mediation has been scheduled all parties must select a mediator, attend the mediation, and agree on the amount that each party will pay towards the costs of mediation (Rules 7.3(9)-(10), (17)-(23), and (33)-(36)); by default, the parties will split the cost (Rule 7.3(35)(b)(i)). If the parties cannot agree on a mediator, the BC Mediator Roster Society may be requested to appoint one (Rule 7.3(10)). | Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate mediation by filing a Notice to Mediate (Form 29) and serving it on every other party to the proceeding (Rules 7.3(2), (3), and (5)). If mediation has been scheduled all parties must select a mediator, attend the mediation, and agree on the amount that each party will pay towards the costs of mediation (Rules 7.3(9)-(10), (17)-(23), and (33)-(36)); by default, the parties will split the cost (Rule 7.3(35)(b)(i)). If the parties cannot agree on a mediator, the BC Mediator Roster Society may be requested to appoint one (Rule 7.3(10)). | ||
