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Small Claims Mediation (20:X) (view source)
Revision as of 01:36, 6 August 2016
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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
There | There are three types of mediation under the Small Claims court rules. Parties are free to mediate on their own. See [[Small Claims Forms (20:III)#D. Alternative Dispute Resolution | Section III. D.: Alternative Dispute Resolution]]. | ||
== A. Claims of $1 0,000 or less - Rule 7.2 == | == A. Claims of $1 0,000 or less - Rule 7.2 == | ||
There is no cost to mediate under this rule unless a party requires an interpreter.Rule 7.2 mediations operate in four of the registries, namely: Surrey, Victoria, Nanaimo, and North Vancouver. | There is no cost to mediate under this rule unless a party requires an interpreter. Rule 7.2 mediations operate in four of the registries, namely: Surrey, Victoria, Nanaimo, and North Vancouver. | ||
Rule 7.2 | 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 Schedule D for specific information on each registry); | ||
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*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. | ||
Rule | Rule 7.2 does not apply to claims arising from a motor vehicle accident where only '''liability''' for property damage is disputed or where there is a claim for personal injury (Rules - Schedule E: ss 1-5). This rule also does not apply where a party is a person under disability. | ||
Parties | Parties must attend the mediation session in person unless an application is filed for an adjournment (Rules 7.2(11), (11.1), and (12)), a teleconference (Rule 7.2(14)), or an exemption (Rule 7.2(9)). Any party served with a notice of mediation session may be accompanied by a lawyer or articled student (Rule 7.2(17)(c)). If a party fails to attend the mediation session, the party in attendance will receive a verification of non-attendance (Form 22) that can be filed with the Registrar (Rule 7.2(22)). After filing Form 22, 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 (Rules 7.2(23)-(26)). | ||
== B. Claims Exceeding $10,000 – Rule 7.3 == | == B. Claims Exceeding $10,000 – Rule 7.3 == | ||
This | This rule applies to all registries except the Vancouver (Robson Square) court registry. Parties pursuing mediation under Rule 7.3 should consider mediating through the Conflict Resolution Clinic (CoRe) – See [[Small Claims Forms (20:III)#D. Alternative Dispute Resolution | Section III. D.: Alternative Dispute Resolution]]. | ||
Any | 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)). | ||
Parties must attend the mediation session in person unless an application is filed for | Parties must attend the mediation session in person unless an application is filed for adjournment (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 (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 (Rules 7.3(38)-(41)). | ||
== C. Mediation in Vancouver (Robson Square) – Rule 7.4 == | == C. Mediation in Vancouver (Robson Square) – Rule 7.4 == | ||
Claims | Claims exceeding $5,000 or personal injury claims in any amount are subject to mandatory mediation (Rule 7.4(2)). There are a few exceptions (Rule 7.4(3)) including where the claim is for a financial debt and Rule 9.2 applies. The Registrar will serve the parties with a Notice of Mediation (Form 27) informing them of the date, time, and place of the mediation session (Rule 7.4(17)). | ||
If the claim is for damages for personal injuries, the claimant must file and serve the other parties with a | If the claim is for damages for personal injuries, the claimant must file and serve the other parties with a certificate of readiness (Form 7) and required documents (Rules 7.4(12)-(16)). The claimant should review the applicable rules for the proper timeline and how to obtain extensions. | ||
Each | Each party must attend the mediation session in person unless an application is filed for adjournment (Rules 7.4(18), (19), and (20)), for a teleconference (Rule 7.4(23)), or unless an exemption is granted (Rules 7.4(5) and (6)). If a party fails to attend the mediation session, the party in attendance will receive a verification of non-attendance (Form 22) that can be filed with the Registrar (Rule 7.4(31)). After filing Form 22, 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 (Rules 7.4(32)-(35)). | ||
== D. Preparing for Mediation == | == D. Preparing for Mediation == | ||
Preparation | 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 his or her interests and allow the mediator to help the parties resolve the dispute. | ||
== E. Procedure == | == E. Procedure == | ||