Consultation Paper on Alternative Dispute Resolution - Law Reform ...

mediator's appointment, unless all parties agree in writing to a later date. If the
parties themselves are unable to agree upon a mediator within 10 days, any
party may apply to a roster organisation designated by the Attorney General to
appoint the mediator. The British Columbia Mediator Roster Society maintains a
list of trained and experienced mediators who have agreed to subscribe to a
code of mediation conduct. 17 A mediation is considered concluded when:
all issues are resolved, or
the mediator determines that the process will not be productive and so
advises the participants, or
the first mediation session is completed and there is no agreement to
continue. 18
3.20 Similar schemes were introduced in 1999 and 2000, for residential
construction disputes 19 and all civil, non-family, Supreme Court of British
Columbia actions, 20 respectively.
3.21 In 2007, a similar scheme was introduced on a pilot basis in family
disputes. 21 This enables any party in a family dispute to require the other parties
to attend a single mediation session, no earlier than 90 days after the filing of
the first Statement of Defence in the proceeding, and no later than 90 days
before the trial date. Once the Notice to Mediate is issued, the party being
served with the notice must participate in mediation unless:
all parties have already had a mediation session on the issues in
dispute;
one party has a family restraining order or peace bond against another
party;
the mediator advises that mediation is not appropriate or would not be
productive;
17 ―Dispute Resolution Office Bulletin‖ (Ministry of Attorney General of British
Columbia, June 2002). Available at www.ag.gov.bc.ca/dro.
18 Focus Consultants ―An Evaluation of the Notice to Mediate Regulation in the
Insurance (Motor Vehicle) Act‖ (Ministry of Attorney General Office June 1999) at
1. See http://www.ag.gov.bc.ca/dro/publications/reports/motor-vehicles.pdf.
19 Notice to Mediate (Residential Construction) 1999 BC Reg 152/99.
20 Notice to Mediate (General) Regulation 2001 BC Reg 4/2001.
21 Notice to Mediate (Family) Regulation 2007 BC Reg 296/2007.
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