Regulations, Clauses and Rules
Note: Effective March 18, 2013, it is no longer necessary to provide a copy of Notices to Mediate or Certificates of Completion to the Dispute Resolution Office. The related Orders-in-Council are available here: Notice to Mediate (Family) Regulation; Notice to Mediate (General) Regulation; Notice to Mediate Regulation [re motor vehicle cases]; Notice to Mediate (Residential Construction) Regulation.
The following are model mediation clauses that may be used in contracts. By using such clauses, the contracting parties agree beforehand that they will attempt to resolve any disputes that arise under their contracts through mediation. In this way they may be able to avoid the costs and delays typically associated with litigation.
It is intended that the following clauses be used as models, and they contain drafting options. They should be adapted to fit the particular contract in which they are used.
This information is not intended to be used as a substitute for legal advice. If you require assistance with these clauses you should contact your lawyer.
- Clause 1:
In this model clause the mediator is identified at the time that the contract is made.
- Clause 2:
In this model clause the mediator is appointed when a dispute arises.
- Clause 3:
In this model clause the parties agree that any issues not resolved in mediation will be determined by arbitration.
The purpose of mediation rules is to facilitate the settlement of disputes in a collaborative manner that is fair, timely and cost-effective for all parties. In order for a particular set of rules to apply to a mediation the parties must agree to their adoption. This agreement should be in writing.
The Mediate BC Society (formerly known as the British Columbia Mediator Roster Society) has developed mediation rules which may be adopted for the mediation of existing or future disputes. The application of these rules to a specific mediation may be modified by agreement in writing of all parties to the mediation.