What is Mediation?
Mediation is an effective and confidentialway to resolve a lawsuit.
Mediators help you to:
- Identify the topics you want to discuss.
- Prepare for open and honest discussion.
- Listen to the viewpoint of the other party.
- Work together to find creative and realistic solutions.
What are the benefits of mediation?
When does a lawsuit go to mediation?
You may request mediation or the court may select your lawsuit for mediation once a Dispute Note has been filed.
What is the mediator's role?
- Help you to explore the problem.
- Help you to explore new options to resolve your dispute.
- Help you to have respectful and balanced discussions.
Mediators do not:
- Take sides.
- Tell you how you should resolve your dispute.
- Give legal advice.
How do I prepare for mediation?
1. Collect documents that explain your viewpoint, such as invoices and photos.
2. Be prepared to
- Discuss what is important to you.
- Listen to the other party.
- Share information and documents.
- Work to resolve your dispute.
3. You may choose to consult a lawyer or agent before attending mediation.
How much time will it take?
Mediationusually laststwo to three hours.
Who participates in mediation?
ALL parties named in the lawsuit MUST attend mediation.
If a company is named as a party, the company's spokesperson must know all the facts and have the power to settle the lawsuit.
Witnesses do not usually attend mediation.
You may choose to ask a lawyer or agent to attend with you, but this is not required. A lawyer or agent cannot attend and participate without you.
What is the role of my lawyer or agent in mediation?
You do most of the talking in mediation. You may consult your lawyer or agent for advice during mediation.
A lawyer supports you by explaining how the law applies to your lawsuit and what your legal options are.
How much does mediation cost?
The Provincial Court Civil Claims Mediation Program is free to the parties.
Lawyer fees and agent fees are the responsibility of the parties.
What happens after mediation?
If you reach an agreement, mediators help you to put the agreement in writing.
If you do not reach an agreement, you may take your lawsuit to court.
Mediation Rules Of The Provincial Court - Civil Division
Balanced Discussions...Creative Solutions