Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"

Mediation is a voluntary process in which an independent, neutral party listens to each party’s position, focuses the issues in dispute, and  assists the parties to come to a settlement agreement.   While the mediator plays an active role in ensuring discussion remains productive, the  ultimate responsibility for resolving the dispute rests with the parties. The purpose of mediation is not to determine who wins and loses, but to find solutions that meet the needs of the people involved.  

Mediation as an alternative to litigation is often a more expedient, less expensive, and more satisfactory route than litigation. In order to  mediate outside of the Small Claims Court process, all parties must agree. The parties typically share the cost of mediation.  

The Small Claims Court requires that parties participate in either a settlement conference or mediation. Both processes are highly successful  in resolving disputes and there is no additional cost to either party. For information on these processes, see the  [http://www.ag.gov.bc.ca/courts/small_claims/info/guides.htm Small Claims Procedural Guides].   

Parties who choose to mediate outside of the Small Claims Court process can choose their mediator35, resolve the dispute sooner and on a more convenient timeline, and spend more time resolving the dispute than the approximately 2.5  hours allocated by the court.   Also, since both parties would have agreed to mediate, settlement is more likely than if mediation is compulsory.  

==== a) Conflict Resolution Clinic (CoRe Clinic)36 ====

The CoRe Clinic provides mediation services on a flexible payment scale. Sessions are run by a professional mentor mediator paired with a trained student mediator. The mentors are often the same mediators available through the BC Mediator Roster Society but are available at  greatly reduced rates while volunteering with CoRe.   All   mentors   have   extensive   Small Claims   mediation experience,   and significant expertise in other areas of the law as well. Students working with CoRe have undergone training through the UBC Faculty of Law Mediation Clinic and Practicum courses. Consider using the CoRe clinic for mediations under Rule 7.3. CoRe may also be particularly useful where parties have not yet filed a court action. Mediations with CoRe are voluntary, and both parties must agree to mediate in order for CoRe to assist. CoRe offers  a flexible process that can be designed to accommodate the individual needs of parties to a dispute. Where requested, mediation sessions can  be held in a range of locations, or by teleconference. In some cases the process will run more smoothly if parties to a dispute are kept separate. Mediation in general and CoRe in particular can provide a faster, less expensive alternative to court. For more information, refer  to [http://faculty.law.ubc.ca/coreclinic CoRe’s website].