Dispute Resolution Office Programs and Initiatives
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.
The primary focus of the Dispute Resolution Office (DRO) is to promote and support the use of mediation and other dispute resolution processes in the court system and in government ministries and agencies. In most cases, mediation is less expensive, less time-consuming and less adversarial than the court process.
The DRO has established programs and initiatives in both the civil justice system and in government. Some of these are described below.
Mediate BC Society
There is growing public interest in using mediation as an effective way to resolve conflict. As more people use mediation, competent mediators need to be easily accessible to the public, as well as to litigants, lawyers and judges. The Mediate BC Society was established to meet this need.
The Mediate BC Society has a central and easily accessible lists of mediators to which people can turn with confidence that the mediators on the roster have met minimum standards of training and experience and have subscribed to acceptable standards of conduct.
Established in 1998, initially the Mediate BC Society supported the use of mediation in civil, non-family, cases in B.C. Supreme Court. A family roster was established in June 2002. Mediators on the civil and family rosters are used for disputes inside and outside the court system.
The DRO worked with mediators, mediation organizations and others in the justice system to establish both rosters. They are maintained by the Mediate BC Society, which is governed by volunteer directors who include senior dispute resolution practitioners, mediation trainers, the Supreme Court judiciary and the Ministry of Justice.
Members of the public, litigants, lawyers and judges, as well as government ministries and agencies, can use both rosters to find suitable mediators to assist them with the resolution of their disputes. The rosters also serve as a speakers bureau. Roster members are available free of charge to speak to community, business and professional groups about mediation.
In 2004, the society became affiliated with the Child Protection Mediation Program roster. Click here for more information about the Mediate BC Society. Also, for names of mediators in your area, contact the Mediate BC Society or check the telephone book in your area for mediator service providers.
Civil, Non-family Disputes
Court Mediation Program
The DRO funds and participates in the administration of the Court Mediation Program (CMP). The CMP has two components:
- providing experience for trained but inexperienced mediators; and
- providing mediation services to some small claims litigants.
The CMP began in June 1998. It provides a much-needed practicum opportunity for trained but inexperienced mediators who are looking for practical experience to develop their skills. Participants take part in 10 mediations under the supervision of mentors who provide guidance and feedback. In addition to giving individual mediators valuable experience, the program has enlarged the pool of trained and experienced mediators in the province.
Cases are referred for mediation by small claims registries in several locations including: Vancouver, Surrey, North Vancouver, Nanaimo and Victoria. One party can deliver a Notice to Mediate or a judge can refer a claim during a settlement conference with consent of the parties. In addition, in some registries, all construction cases are referred to mediation. All mediation services are available at no cost.
Program staff co-ordinate and schedule mediations, which take place in mediation rooms in courthouses. The CMP is administered by the BC Dispute Resolution Practicum Society. The director of the DRO and a designate of the chief judge of the Provincial Court are on the society’s board of directors.
Click here for more information about the Court Mediation Program.
Notice to Mediate Regulation (Motor Vehicle)
In April 1998, a Notice to Mediate process was established by regulation under the Insurance (Motor Vehicle) Act for motor vehicle personal injury cases in B.C. Supreme Court. The process allows any party in a motor vehicle action to compel all other parties to participate in a mediation session.
Click here for more information about the Notice to Mediate Regulation (Motor Vehicle).
Notice to Mediate (Residential Construction) Regulation
As a result of the report of an inquiry into leaky condominiums, a Notice to Mediate specifically for residential construction disputes was brought into force in May 1999.
Click here for more information about the Notice to Mediate (Residential Construction) Regulation.
Notice to Mediate (General) Regulation
After a broad consultation with the bar, the mediation community and B.C. Supreme Court, the Notice to Mediate process was expanded to most civil, non-family actions in B.C. supreme Court in February 2001.
Click here for more information about the Notice to Mediate (General) Regulation.
Family Disputes
Family Mediation Practicum Project
Working with Mediate BC, with funding from the Law Foundation and the DRO, the DRO supports a Family Mediation Practicum Project. The project provides trained but inexperienced mediators with an opportunity to conduct family mediations in a controlled practicum environment under the supervision of senior mediators/mentors.
Click here for more information about the Family Mediation Practicum Project.
Disputes in Government
Dispute Resolution in Nisga'a Agreement
The DRO participated with federal and Nisga’a representatives in negotiating and designing a dispute resolution system. This system is set out in chapter 19 of the treaty. The chapter sets out a continuum of dispute resolution stages through which parties must progress. The first stage is collaborative negotiation, the second is facilitated processes and the third is adjudication or arbitration. Each of the specific processes included in these stages (for example, mediation and neutral evaluation) are described in detail in appendicies to the Nisga’a Agreement.
Dispute Resolution in Other Treaties
The DRO is working with the Treaty Negotiation Office so that the proposed dispute resolution system meets the need of treaties in the final stage of negotiation.
Administrative Justice System
The DRO worked with the Administrative Justice Project, which conducted a broad legal and policy review of the administrative justice system. The DRO produced a paper on dispute resolution in the tribunal context and worked with the Administrative Justice Office to develop the dispute resolution provisions contained in the Administrative Tribunals Act. These enabling provisions give tribunals the power to create rules for dispute resolution processes, including mediation and related case management processes.
Advice on Dispute Resolution System Design and Legislation
The DRO has provided information and advice to various ministries, agencies, boards and commissions on the use of collaborative dispute resolution processes to resolve disputes. The DRO also provides advice on drafting dispute resolution provisions for legislation.
Training and Education
The Dispute Resolution Series
The DRO and the Continuing Legal Education Society of B.C. have produced four volumes of instructive material on various aspects of dispute resolution. The Dispute Resolution Series is designed to raise awareness and support alternative dispute resolution training in the fields of law and public policy. The series includes:
Volume 1, Reaching Agreement: Negotiating in the Public Interest, which describes the basic theory, skills and process of problem-solving negotiation.
Volume 2, Turning Conflict into Consensus: Mediation Theory, Process and Skills, which explores the nature and practice of mediation.
Volume 3, Working Together: Designing Shared Decision-making Processes, which is about designing, convening and managing multi-party shared decision-making processes.
Volume 4, Thinking Strategically: Developing Systems to Resolve Conflict, which examines the emerging field of dispute resolution design, including integrating alternative dispute resolution mechanisms into adjudicative processes.
The series is founded on interest-based negotiation theory, which can be applied in government, the private sector and the justice system. Each volume can serve as the basis for a training program.
Public Legal Education and Information (PLEI)
The DRO is working to improve coordination of public legal education and information within the ministry. In addition, the PLEI co-ordinator in the DRO provides the ministry's linkage to the PLEI working group, which is made up of key provincial funders and providers of PLEI.
Courses and Programs
The DRO has facilitated or provided a range of mediation courses, training sessions and education programs within government to further its mandate of supporting the growth of collaborative dispute resolution processes.
Dispute Resolution Information
The DRO has produced information bulletins that provide information about dispute resolution processes, programs and initiatives. These bulletins are available here.
Mediators
For names of mediators in your area, contact the Mediate BC Society or check the telephone book for mediator service providers and mediation organizations.
