Small Claims Mediation (20:X) - Revision history

LSLAP at 19:41, 13 October 2025

2025-10-13T19:41:41Z

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Nate Russell: review confirmed 2025

2025-08-29T00:00:41Z

review confirmed 2025

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LSLAP at 20:37, 12 August 2025

2025-08-12T20:37:56Z

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	== B. Preparing for Mediation ==		== B. Preparing for Mediation ==

	Preparation is essential in order to achieve the most from mediation. ~~Each~~ party ~~should~~ provide ~~copies of~~ relevant ~~documents~~ to the ~~other party~~. Parties have the ability to create their own resolution and should consider creative settlement options. Mediation is not a forum to assess blame or resolve legal questions; it is designed to end the dispute in a manner that satisfactorily addresses the interests, legal and otherwise, of each party. It is important to listen to the other party expressing their interests and allow the mediator to help the parties resolve the dispute.		Preparation is essential in order to achieve the most from mediation. Before mediation, each party must provide to the mediator and serve on the other parties all documents and reports that are relevant to the dispute (''SCR'', Rule 7.3(19)). Parties have the ability to create their own resolution and should consider creative settlement options. Mediation is not a forum to assess blame or resolve legal questions; it is designed to end the dispute in a manner that satisfactorily addresses the interests, legal and otherwise, of each party. It is important to listen to the other party expressing their interests and allow the mediator to help the parties resolve the dispute.

	== C. Procedure ==		== C. Procedure ==

LSLAP at 17:52, 7 August 2024

2024-08-07T17:52:38Z

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Clicklaw Editor at 18:41, 19 September 2023

2023-09-19T18:41:04Z

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LSLAP: No edits needed

2023-09-08T20:55:34Z

No edits needed

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Clicklaw Editor at 20:33, 23 November 2022

2022-11-23T20:33:27Z

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	Mediation is available through the courts for claims between $10,000 and $35,000. Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019. Parties are also free to meditate on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|~~'''~~Section IV.D.: Alternative Dispute Resolution~~'''~~]].		Mediation is available through the courts for claims between $10,000 and $35,000. Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019. Parties are also free to meditate on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|Section IV.D.: Alternative Dispute Resolution]].

	== A. Claims Between $10,000 and $35,000 – Rule 7.3 ==		== A. Claims Between $10,000 and $35,000 – Rule 7.3 ==

	This rule applies to all registries except the Vancouver (Robson Square) court registry. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|~~'''~~Section IV.D.: Alternative Dispute Resolution~~'''~~]].		This rule applies to all registries except the Vancouver (Robson Square) court registry. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|Section IV.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 (''SCR'', 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 (''SCR'', Rules 7.3(9)-(10), (17)-(23), and (33)-(36)). By default, the parties will split the cost (''SCR'', 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 (''SCR'', 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 (''SCR'', 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 (''SCR'', Rules 7.3(9)-(10), (17)-(23), and (33)-(36)). By default, the parties will split the cost (''SCR'', 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 (''SCR'', Rule 7.3(10)).

Clicklaw Editor at 22:58, 21 November 2022

2022-11-21T22:58:33Z

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	If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms and may have a non-compliance clause setting out consequences for failing to fulfill the obligations set out in the Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file the agreement in the Small Claims Court registry after each party signs the agreement.		If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms and may have a non-compliance clause setting out consequences for failing to fulfill the obligations set out in the Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file the agreement in the Small Claims Court registry after each party signs the agreement.


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LSLAP at 20:25, 12 August 2022

2022-08-12T20:25:58Z

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LSLAP at 18:35, 12 August 2021

2021-08-12T18:35:45Z

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	Mediation is available through the courts for claims between $10,000 and $35,000. Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019. Parties are also free to ~~mediate~~ on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|'''Section IV.D.: Alternative Dispute Resolution''']].		Mediation is available through the courts for claims between $10,000 and $35,000. Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019. Parties are also free to meditate on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|'''Section IV.D.: Alternative Dispute Resolution''']].

	== A. Claims Between $10,000 and $35,000 – Rule 7.3 ==		== A. Claims Between $10,000 and $35,000 – Rule 7.3 ==
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	== C. Procedure ==		== C. Procedure ==

	Mediation is a flexible process that allows the mediator to help the parties achieve a settlement. A mediator is not necessarily a lawyer, but is a skilled, experienced professional. Although mediation sessions can vary with respect to the process, there are generally some standard steps that are followed.		Mediation is a flexible process that allows the mediator to help the parties achieve a settlement. A mediator is not necessarily a lawyer but is a skilled, experienced professional. Although mediation sessions can vary with respect to the process, there are generally some standard steps that are followed.

	All parties and representatives will be seated at a table with one to three mediators. The mediators will describe the mediation process, and ask each person attending to sign an Agreement to Mediate. This must be signed in order for the mediation process to proceed. The Agreement to Mediate form includes a confidentiality clause (any information disclosed in the session that is not otherwise discoverable is inadmissible and mediators cannot be called to testify in later proceedings) and ensures that the parties present have full authority to settle the case.		All parties and representatives will be seated at a table with one to three mediators. The mediators will describe the mediation process, and ask each person attending to sign an Agreement to Mediate. This must be signed in order for the mediation process to proceed. The Agreement to Mediate form includes a confidentiality clause (any information disclosed in the session that is not otherwise discoverable is inadmissible and mediators cannot be called to testify in later proceedings) and ensures that the parties present have full authority to settle the case.
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	If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms and may have a non-compliance clause setting out consequences for failing to fulfill the obligations set out in the Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file the agreement in the Small Claims Court registry after each party signs the agreement.		If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms and may have a non-compliance clause setting out consequences for failing to fulfill the obligations set out in the Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file the agreement in the Small Claims Court registry after each party signs the agreement.


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