Difference between revisions of "Small Claims Mediation (20:X)"

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)).