July 2007

The Mediate BC Society

This bulletin provides general information concerning mediation of disputes. For additional information that is specific to mediation of family disputes, you should also see the bulletin called family Mediation.

There is growing public interest in using mediation as a way to resolve conflict. People who work in the civil justice system, and people who participate in the system as litigants, are becoming aware of the potential of mediation for settling disputes in a more timely and less costly way.

As more people use mediation, mediators need to be easily accessible to the public as well as to litigants, lawyers and judges. Anyone should be able to find mediators who have met a minimum standard of training and experience, and who subscribe to acceptable standards of conduct.

The Mediate BC Society (formerly known as the British Columbia Mediator roster) was established for this reason. The roster is a central and accessible list of trained and experienced mediators who subscribe to a code of mediation conduct. A roster was established in 1998 to support the use of mediation for civil, non-family, cases in the B.C. Supreme Court. A family roster was established in June 2002. Mediators on the civil roster and the family roster can also be used for disputes outside the court system.

The roster provides a way to:

• organize and distribute reliable information about mediators;

• facilitate access to mediators;

• create a provincial standard for acceptable levels of mediator training and experience; and

• ensure that mediators on the roster meet these standards.

The roster is managed by an independent body, the Mediate BC Society. The society is governed by volunteer directors, drawn from senior dispute resolution practitioners and educators, the bar, the judiciary and the Ministry of Attorney General.

The society does not set mediation fees; it is up to the parties in the mediation to agree on fees with the mediator they select.

The roster plays an important role under the notice to mediate regulations. Where the 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 appointment of a mediator. The Mediate BC Society fulfills this role.

The society is also affiliated with the Province’s Child Protection Mediation Program roster, and manages information about the program’s child protection mediators. For information about the Child Protection Mediation Program, see the bulletin called Mediation in Child Protection Cases.

Admission to the Civil and family rosters

To be admitted to the civil and family rosters an application form, providing information about training and experience, must be submitted to the society. Applicants must also provide references and verification of liability insurance, and must agree to subscribe to the society's standards of conduct. There is a non-refundable application fee of $224 including HST.

Mediator Qualifications

1. The training and experience requirements for the Civil and family rosters are as follows:
   1. For the Civil roster:
      • at least 80 hours of core education in conflict resolution and mediation theory and skills training,
      • at least 200 additional hours of training in dispute resolution or in a related field,
      • knowledge of Supreme Court procedures, and
      completion of a minimum of 10 mediations as sole or primary mediator.
   2. For the family roster:
      EITHER
      • certification by family Mediation Canada, and
      • for non-lawyers, at least 40 hours of training in family law and procedures.
      
      

      OR

      • at least 80 hours of core education in conflict resolution and mediation theory and skills training,
      • at least 24 hours focusing on issues related to family dynamics in separation and divorce,
      • for non-lawyers, at least 40 hours of training in family law and procedures,
      • a university or college degree in law, social sciences or related field, and
      • completion of a minimum of 200 hours of mediation work over the course of a minimum of 20 family mediations over the past 5 years, as sole mediator or as co-mediator in an accepted practicum.
   • For both Civil and family rosters: To maintain membership after admission, a minimum of 20 hours per year of ongoing professional development or continuing education related to the field of dispute resolution.
2. For both Civil and family rosters, acceptability demonstrated by 2 positive references. family roster applicants who are certified by family Mediation Canada are exempted from this requirement.
3. For both Civil and family rosters, a minimum of $2 million professional liability insurance.
4. As a condition of admission to the Civil and family rosters, mediators must subscribe to the Society's Standards of Conduct.

Standards of conduct for roster mediators

The code of conduct establishes principles that guide mediator conduct, enhance public protection and promote confidence in the mediation process. The standards set out for roster mediators do not replace other professional codes. When there is a conflict between the roster standards of conduct and another professional code of conduct, the other professional code prevails.

The Mediate BC Society (the “Society”) provides a process by which complaints received by the Society concerning members of its Civil and Family Rosters may be resolved informally or by means of a more formal hearing process.  Please see complaint process.

Applications to the roster and requests for mediators

Requests for application forms for admission to the roster and requests for names of mediators on the civil roster and the family roster can be directed to:

Mediate BC Society
Attention: Mediator Roster Program
Suite 177 – 800 Hornby St.
Vancouver, B.C. V6Z 2C5
Phone: 604 681-6050
Toll-Free Phone: 1-888-713-0433
Fax: 604 681-6080
E-mail: mediators@mediatebc.com
Web site: www.mediatebc.com