Court Mediation Program
The Court Mediation Program (CMP) operates in several small claims court registries in British Columbia including: Vancouver (Robson Square), North Vancouver, Surrey, Nanaimo and Victoria. Goals of the program include:
- expanding the pool of trained and experienced mediators in the province;
- providing free mediation services for people (the parties) involved in small claims court disputes;
- using mandatory referral of selected small claims court cases to mediation; and
- reducing pressure on the provincial court by reducing existing delays and backlog.
There are two key components of the CMP. The practicum provides an opportunity for trained but inexperienced mediators to practise mediation in a structured, supervised setting. The program also provides mediation services to assist people in resolving disputes early in the court process, before a judicial settlement conference or a trial takes place.
The program began as a pilot project in Vancouver and Surrey in May 1998 under the direction of the British Columbia Dispute Resolution Practicum Society, now the Mediate BC Society. Following a positive evaluation of the pilot project, it was expanded to the additional small claims court registries. Click to view An Evaluation of the Effectiveness of the Court Mediation Practicum Project as a Training Program.
The mediator practicum
B.C. leads the country in providing high-quality training programs for mediators. However, mediators need experience to become fully competent. To meet this need, the CMP gives mediators an opportunity to practise mediation in a practicum setting. During the practicum, trained but inexperienced mediators mediate small claims court cases under the supervision of senior mediators or mentors.
Mediation sessions take place at the courthouses and last approximately two hours. Student mediators complete the 10 mediations of the practicum over a period of eight to 15 weeks.
To be admitted to the practicum program, mediator applicants must have completed a minimum of five full days of interest-based mediation training, including at least 10 hours of role-playing. Applicants are required to submit:
- an application form;
- a résumé;
- proof of liability insurance or insurability; and
- the names and telephone numbers of two references.
Student mediators accepted into the practicum participate in:
- a one-day orientation session and two half-day training sessions;
- 10 small claims court mediations;
- a debriefing session following each of the 10 mediations; and
- three group debriefings.
Each mediation is supervised by a mentor. Mentors must have the following minimum qualifications:
- 80 hours of core training in interest-based mediation and conflict resolution theory and skills;
- completion of 10 fee-paid private mediations or 10 mediations with an approved mediation organization that provides training or mentoring;
- two letters of reference from mediation clients, peers or supervisors;
- a demonstrated ability to work with students of differing abilities, needs and mediation styles; and
- a proven ability to work in a collaborative environment.
Applications are accepted throughout the year.
Mediation services
Mediation services are available at all the small claims court registries participating in the CMP. There are four ways to access mediation services:
- The parties voluntarily agree to try mediation after an application to court has been filed but before the court process begins. In these cases, both parties (the claimant and the defendant) must agree to try mediation.
- With the consent of the parties, a judge refers a dispute from a settlement conference to mediation.
- All disputes where the claim and/or the counter-claim relate to a construction dispute are automatically referred to mediation. Parties to these disputes must try mediation before their cases can proceed in court.
- A variety of disputes other than construction disputes are also referred to mediation.
When mediation is mandatory, the program's scheduling clerk sets a date and time for the parties to meet with the mediator and informs the parties in writing. When one of the parties decides to try mediation voluntarily, the scheduling clerk contacts the other parties and, if they agree to participate, sets a date and time for the mediation.
If a case is not resolved through mediation, the dispute will proceed to court. Cases involving the Insurance Corporation of B.C. are eligible for the program only if the claimant is represented by a lawyer.
Mediation services are provided at no cost to the parties. Services are provided by mediators enrolled in a practicum working under the supervision of a mentor, as well as mediators who have completed the practicum. Neither mediators nor mentors provide legal advice to the parties who participate in mediation.
Program administration
The directors of the Mediate BC Society are responsible for the overall operation of the program. A selection committee chooses mentors and reviews mediator applications for admission to the practicum. Two managers are responsible for the day-to-day administration of the program.
For more information
For more information on the Court Mediation Program, click here or call 604 684-1300.
