Small Claims Mediation (20:X): Difference between revisions
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→A. Claims Between $10,000 and $35,000 – Rule 7.3
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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)), | 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 == |