Small Claims Mediation (20:X)

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LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
20. Small Claims and the CRT
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Do You Have a Claim?
 · IV. Choosing the Proper Forum
 · V. Starting a Claim
 · VI. Responding to a Claim
 · VII. Default Order
 · VIII. How a Claim Proceeds
 · IX. Pre-Trial
 · X. Mediation
 · XI. Settlement Conferences
 · XII. Trial/Pre-Trial Conferences
 · XIII. Trial Preparation
 · XIV. Trials
 · XV. Costs and Penalties
 · XVI. Appeals
 · XVII. Enforcement of a Judgement
 · Appendix A: Registries
 · Appendix B: Demand Letter
 · Appendix C: Notice of Claim
 · Appendix D: Reply to Claim
 · Appendix E: Glossary
 · Appendix F: Limitation Periods
 · Appendix G: Causes of Action
 · Appendix H: Court Fees
 · Appendix I: Tribunal Fees
 · Appendix J: Settlement Conference
 · Appendix K: Payment Hearing
 · Appendix L: Appeal

 · Appendix M: LSLAP Policy
v • d • e



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 an adjournment197, 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 session, the party in attendance will receive a verification of non-attendance (Form 22) that can be filed with the Registrar201. After filing Form 22, the party in attendance can file a request for judgment or dismissal (Form 23), which dismisses the claim if the party not attending is the claimant or gives a default order if the party not attending is the defendant202.

B. Claims Exceeding $10,000 – Rule 7.3

This rule applies to all registries except the Vancouver (Robson Square) court registry. Parties pursuing mediation under Rule 7.3 should consider mediating through the Conflict Resolution Clinic (CoRe) – See Section III. D.: Alternative Dispute Resolution. Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 may initiate mediation by filing a Notice to Mediate (Form 29) and serving it on every other party to the proceeding203. If mediation has been scheduled all parties must select a mediator, attend the mediation, and agree on the amount that each party will pay towards the costs of mediation204; by default, the parties will split the cost205. If the parties cannot agree on a mediator, the BCMediator Roster Society may be requested to appoint one206. Parties must attend the mediation session in person unless an application is filed for adjournment207, for a teleconference208, or for an exemption209. If a party fails to attend as required, the mediator will fill out a verification of default (Form 31) and provide it to the party in attendance210. After filing Form 31, the party in attendance can file a request for judgment or dismissal (Form 23) which dismisses the claim if the party not attending is the claimant or gives a default order if the party not attending is the defendant211. C.Mediation in V ancouver (Robson Square) – Rule 7.4 Claims exceeding $5,000 or personal injury claims in any amount are subject to mandatory mediation212. There are a few exceptions213 including where the claim is for a financial debt and Rule 9.2 applies. The Registrar will serve the parties with a Notice of Mediation (Form 27) informing them of the date, time, and place of the mediation session214. If the claim is for damages for personal injuries, the claimant must file and serve the other parties with a certificate of readiness (Form 7) and required documents215. The claimant should review the applicable rules for the proper timeline and how to obtain extensions. Each party must attend the mediation session in person unless an application is filed for adjournment216, for a teleconference217, or unless an exemption is granted218. If a party fails to attend the mediation session, the party in attendance will receive a verification of non-attendance (Form 22) that can be filed with the Registrar219. After filing Form 22, the party in attendance can file a request

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