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== B. Claims Exceeding $10,000 – Rule 7.3 == | == 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 | 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 [[Small Claims Forms (20:III)#D. Alternative Dispute Resolution | 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 BC Mediator 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 Vancouver (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 |