About Mediation   >   The Mediation Process
  1. What is Mediation?
  2. The Mediator's Role
  3. What You Can Do
  4. Choosing a Mediator
  5. When You Can't Agree on a Mediator
  6. When You Can't Agree on a Mediator Under the Notice to Mediate Regulations (Supreme Court)
  7. When You Can't Agree on a Mediator Under Small Claims Rule 7.3 - Mediation for Claims Between $10,000 and $25,000

What is Mediation?

Mediation is a method of dispute resolution in which the parties try to resolve a dispute or reach a settlement with the assistance of a mediator. It is a private, flexible and informal process where a mediator and disputing parties work together to find a solution that is acceptable to everyone. The parties, not the mediator, make the decisions about the terms of their agreement.

The use of mediation is increasing as people become aware of how it can help settle disputes quickly and inexpensively.

You can find out more about mediation in the following publications produced by the Dispute Resolution Office, Ministry of Attorney General:

The Mediator's Role

Mediators are impartial and have no decision-making powers. The mediator's roles include:
  • meeting with the parties and helping them to define the issues in dispute
  • managing the mediation process and keeping the discussion on track
  • helping parties to communicate their interests clearly
  • helping parties reach an agreement

Mediators provide a wide range of services. They can also provide a neutral and appropriate location for the mediation session. There is more information about how a mediator can help you in the Dispute Resolution Office's bulletin The Mediation Process.

What You Can Do

If you are interested in using mediation, here are some steps you can take:

  • if you have a lawyer, talk to him or her about mediation
  • find out if the other parties are willing to try mediation (a mediator or lawyer can do this for you)
  • contact us for the names of mediators on the Civil, Family or Child Protection Mediation Program Roster
  • search the Society's web site Directory of Mediators yourself

If you are dealing with a family matter and you want to find out about other family justice resources that may be available to you in British Columbia click here.

If you are dealing with a family proceeding in the Nanaimo registry of the Supreme Court of B.C., and you are interested in mediation, you should be aware that the Notice to Mediate process will piloted in the Nanaimo registry, beginning November 1, 2007. An Information Bulletin detailing the Notice to Mediate (Family) Regulation can be found on the website of the Dispute Resolution Office, Ministry of Attorney General.

The Dispute Resolution Office's website also has information about what you can do if you are interested in using mediation in a child protection matter: http://www.ag.gov.bc.ca/dro/child-protection/index.htm

Choosing a Mediator

Choosing a mediator is one of the most important steps in the mediation process. All the parties must feel comfortable with and have confidence in the mediator's style and abilities.

When choosing a mediator, it is a good idea to do some research before making a selection. Find out as much as you can about the mediation process and the different styles used by mediators. For example, mediation styles include "interest-based" mediation and "rights-based" or "evaluative" mediation. In interest-based mediation, the mediator encourages the parties to identify their needs, desires, concerns, fears and hopes, so that they can craft an outcome which addresses as many of the underlying needs or interests as possible. In rights-based or evaluative mediation, the mediator assumes that what the parties want and need is some direction as to the appropriate grounds for settlement. The mediator frames the dispute in terms of opposing rights and obligations, or looks to the rights the parties would have in court as a guideline or benchmark for settlement.

Contact more than one mediator and ask them for resumes and references, so you can make an informed decision. Ask them whether they are a member of a professional organization and whether they abide by a professional code of conduct for mediators. Also ask what they charge, and how payment is to be made. The Society does not set mediation fees. It is up to you and the other parties to agree with the mediator on a fee, and on who will pay the fee. There is no cost for child protection mediations done under Section 22 of the Child, Family and Community Service Act (CFCSA).

The Dispute Resolution Office's bulletin Selecting a Mediator provides important information about some of the factors you should consider and some of the key questions you should ask mediators before making your selection.

If you are looking for a mediator to mediate under Small Claims Rule 7.3 - Mediation for Claims Between $10 000 and $25 000, you should be aware that some of the processes which must be used under Rule 7.3 are unique to Small Claims Court and to the Rule. Several of the required processes - including the completing and filing of forms - are the mediator's responsibility, and it is important that the mediator be knowledgeable about them. Ask the mediators you contact whether they have experience mediating in Small Claims Court, and whether they are familiar with the requirements of Rule 7.3.

When You Can't Agree on a Mediator

If you and the other parties cannot agree on the selection of a mediator, the B.C. Mediator Roster Society can help with the selection process. There is no charge for the Society's services.

When You Can't Agree on a Mediator Under the Notice to Mediate Regulations (Supreme Court)

Under British Columbia's Notice to Mediate regulations when parties are unable to agree upon the selection of a mediator, any party may apply to a "roster organization" designated by the Attorney General for the appointment of a mediator. The Society has been designated as a "roster organization" for this purpose.

For more information about the Society's role as a "roster organization" under the Notice to Mediate regulations, including how to apply to the Society for the appointment of a mediator, visit the page called Appointment of Mediators Under Notice to Mediate Regulations (Supreme Court).

When You Can't Agree on a Mediator Under Small Claims Rule 7.3 - Mediation for Claims Between $10,000 and $25,000

When parties are unable to agree upon the selection of a mediator under Rule 7.3 - Mediation for Claims Between $10,000 and $25,000, any party to the proceeding may apply to the British Columbia Mediator Roster Society for the appointment of a mediator.

For more information about the Society's role under Small Claims Rule 7.3, including how to apply to the Society for the appointment of a mediator, visit the page called Appointment of Mediators Under Small Claims Rule 7.3.