Small Claims Mediation (20:X) - Revision history

Nate Russell: 2026 update

2026-10-11T19:18:00Z

2026 update

← Older revision		Revision as of 19:18, 11 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
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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 Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019.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 Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019.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 mediate 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 - $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)).

	Parties must attend the mediation session in person unless an application is filed for adjournment (''SCR'', Rule 7.3(30)), for a teleconference (Rule 7.3(25)), or for an exemption (Rule 7.3(28)). If a party fails to attend as required, the mediator will fill out a verification of default (Form 31) and provide it to the party in attendance (''SCR'', Rule 7.3(37). After filing Form 31, the party in attendance can file a request for judgment or dismissal (Form 23) which dismisses the claim if the party not attending is the claimant or gives a default order if the party not attending is the defendant (''SCR'', Rules 7.3(38)-(41)).		Parties must attend the mediation session in person unless an application is filed for adjournment (''SCR'', Rule 7.3(30)), for a teleconference (Rule 7.3(25)), or for an exemption (Rule 7.3(28)). If a party fails to attend as required, the mediator will fill out a verification of default (Form 31) and provide it to the party in attendance (''SCR'', Rule 7.3(37). After filing Form 31, the party in attendance can file a request for judgment or dismissal (Form 23) which dismisses the claim if the party not attending is the claimant or gives a default order if the party not attending is the defendant (''SCR'', Rules 7.3(38)-(41)).

	== B. Preparing for Mediation ==		== B. Preparing for Mediation ==
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	After signing the Agreement to Mediate, both parties will have a short time to tell their story. The mediator will summarize the key points in dispute. Once the main issues are identified, the mediator will look for common interests in an attempt to assist parties to resolve the dispute. The mediator will assist the parties to negotiate and reach an amicable resolution. During the process, it is not uncommon for a mediator to have a private conference with each party.		After signing the Agreement to Mediate, both parties will have a short time to tell their story. The mediator will summarize the key points in dispute. Once the main issues are identified, the mediator will look for common interests in an attempt to assist parties to resolve the dispute. The mediator will assist the parties to negotiate and reach an amicable resolution. During the process, it is not uncommon for a mediator to have a private conference with each party.

	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 fulfil 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 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

← Older revision		Revision as of 00:00, 29 August 2025
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LSLAP at 20:37, 12 August 2025

2025-08-12T20:37:56Z

← Older revision		Revision as of 20:37, 12 August 2025
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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

← Older revision		Revision as of 20:33, 23 November 2022
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	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	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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