About Mediation
Mediation is a method of dispute resolution in which the parties try to resolve a dispute or reach a settlement with the assistance of a mediator. It is a private, flexible and informal process where a mediator and disputing parties work together to find a solution that is acceptable to everyone. The parties, not the mediator, make the decisions about the terms of their agreement.
The use of mediation is increasing as people become aware of how it can help settle disputes quickly and inexpensively.
You can find out more about mediation in the following publications produced by the Dispute Resolution Office, Ministry of Justice (formerly the Ministry of Attorney General):
- Guide to Mediation in B.C.
- Mediation for Claims between $10,000 and $25,000
- Family Mediation
- Mediation in Child Protection Cases (A pamphlet providing information about child protection mediation is available in eight languages: Chinese, Farsi (Persian), French, Korean, Punjabi, Spanish, Tagalog, Vietnamese. It is posted at: http://www.ag.gov.bc.ca/dro/child-protection/translated_brochures/index.htm)
- Model Mediation Clauses (The following model mediation clauses 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. These clauses are to 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.
The Mediator’s Role
Mediators are impartial and have no decision-making powers. The mediator's roles include:
- meeting with the parties and helping them to define the issues in dispute
- managing the mediation process and keeping the discussion on track
- helping parties to communicate their interests clearly
- helping parties reach an agreement
Mediators provide a wide range of services. They can also provide a neutral and appropriate location for the mediation session. There is more information about how a mediator can help you in the Dispute Resolution Office's bulletin The Mediation Process.
What You Can Do
If you are interested in using mediation, here are some steps you can take:
- if you have a lawyer, talk to him or her about mediation
- find out if the other parties are willing to try mediation (a mediator or lawyer can do this for you)
- contact us
- search the Society's web site Directory of Mediators yourself
If you are dealing with a family matter and you want to find out about other family justice resources that may be available to you in British Columbia view our Family Mediation Services page.
If you are dealing with a family proceeding in a registry of the Supreme Court of B.C., and you are interested in mediation, you may opt to use the Notice to Mediate Family process. An Information Bulletin detailing the Notice to Mediate (Family) Regulation can be found on the website of the Dispute Resolution Office, Ministry of Justice.
The Dispute Resolution Office's website also has information about what you can do if you are interested in using mediation in a child protection matter: http://www.ag.gov.bc.ca/dro/child-protection/index.htm