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Difference between revisions of "Rules Promoting Settlement in Family Matters"
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Rules Promoting Settlement in Family Matters (view source)
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The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] | The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] | ||
For more information about the Notice to Mediate see the Legal Services Society of British Columbia information page | For more information about the Notice to Mediate see the Legal Services Society of British Columbia's online information page: [https://familylaw.lss.bc.ca/separation-divorce/getting-divorce/making-mediation-happen-family-law-case-supreme-court Making mediation happen in a family law case in Supreme Court]. | ||
===Costs=== | ===Costs=== | ||
In the Supreme Court, a successful party can be entitled to recover costs and disbursements from the losing party, but there are exceptions. See [http://canlii.ca/t/53h1z Rule 16-1] of the Supreme Court Family Rules. | In the Supreme Court, a successful party can be entitled to recover costs and disbursements from the losing party, but there are exceptions. See [http://canlii.ca/t/53h1z Rule 16-1] of the Supreme Court Family Rules. | ||
Costs are intended as partial payment of legal fees and normally do not amount to more than approximately 30% of a party’s actual legal fees. | Costs are intended as partial payment of legal fees and normally do not amount to more than approximately 30% of a party’s actual legal fees. | ||
Under the Supreme Court Family Rules you are awarded certain costs for specific steps taken in the proceeding | Under the Supreme Court Family Rules you are awarded certain costs for specific steps taken in the proceeding. See Appendix B in the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. Costs are valued according to the level of ''difficulty'' of each case. There are three levels of difficulty. | ||
There are three levels of difficulty | #''less than ordinary difficulty'', | ||
#''ordinary difficulty'', and | |||
#''more than ordinary difficulty''. | |||
Ordinary difficulty is the default if the court makes no determination on difficulty. | |||
The steps you can claim costs for are shown in [[Form F71 Bill of Costs]], and they're called ''tariff items''. | |||
The following is an example of costs that could be payable for a 3 day trial: | The following is an example of costs that could be payable for a 3 day trial: | ||
{| class="wikitable" | {| class="wikitable" | ||