Difference between revisions of "Small Claims Mediation (20:X)"
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Revision as of 22:35, 4 July 2016
There are three types of mediation under the Small Claims court rules. Parties are free to mediate on their own. See Section III. D.: Alternative Dispute Resolution.
A. Claims of $1 0,000 or less - Rule 7.2
There is no cost to mediate under this rule unless a party requires an interpreter.Rule 7.2 mediations operate in four of the registries, namely: Surrey, Victoria, Nanaimo, and North Vancouver. Rule 7.2 applies195 to all claims of $10,000 or less: that involve a claim relating to the construction, renovation, or improvement of a building; that are one of the first 10 to 16 cases in which replies are filed in the month (number varies by registry—see Small Claims Rules Schedule D for specific information on each registry);where the parties consent and a judge refers to mediation; and where, prior to the notice of settlement conference being mailed, a party completes and files Form 21. Rule 7.2 does not apply to claims arising from a motor vehicle accident where only liability for property damage is disputed or where there is a claim for personal injury196. This rule also does not apply where a party is a person under disability. Parties must attend the mediation session in person unless an application is filed for anadjournment197, a teleconference198, or an exemption199. Any party served with a notice of mediation session may be accompanied by a lawyer or articled student200. If a party fails to attend the mediation