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Frequently asked Questions about family dispute resolution
Where would
my mediation or arbitration be held?
How much does a
typical one-day mediation cost?
What happens when a
mediation is completed?
Who pays for the cost of a
mediation?
Who pays for the cost of an
arbitration?
Can I appeal and
arbitrator's decision?
Can I
compel the other side of my dispute to mediate?
Can I
compel the other side of my arbitration to arbitrate?
Where
can I find more information about mediation and arbitration?
Q. Where
would my mediation or arbitration be held?
A. Ron's office has a suite of offices designed for mediation and arbitration.
Facilities include two mediation rooms and a break out room. Coffee and
condiments are supplied.
Q. What is the
typical cost of a one-day mediation?
A. Mediations are billed on an hourly basis at a four-hour minimum. The
typical cost for a day is in the range of $1,000.00. This includes facilities
and coffee.
Q. What happens when a
mediation is completed?
A. Typically, the parties are sent a letter outlining the agreements they
reached at the mediation, subject to the advice of their legal counsel.
The lawyers draft an agreement based on that letter.
Q. Who pays for the cost of a mediation?
A. The parties usually share the cost.
Q. Who pays for the
cost of an arbitration?
A. As with mediation, money is paid into the arbitrator's trust account before
the arbitration begins. A final account is issued before the award is given.
There can be an award of costs by the arbitrator, depending on the outcome of
the arbitration.
Q.
Can I appeal an arbitrator's decision?
A. Under the Arbitration Act, there are limited rights to review an
arbitrator's award. Because of this, an arbitration is in some ways more final
than a decision of the court.
Q. Can I compel the other side of my dispute to mediate?
A. Under the Notice to Mediate provisions, in most civil matters, one or the
other of the parties can serve the other side with a Notice to Mediate - and
the other side is required to mediate. There are provisions for the
appointment of a mediator under the Notice to Mediate regulations.
Q.
Can I force the other side of a dispute to arbitrate?
A. Many contracts today contain arbitration clauses that require the parties
to appoint an arbitrator. We can assist you in exploring that option -
including the timing, costs and rules of procedure that will be followed in
the arbitration.
Q.
Where can I find out more about mediation and arbitration?
A. The BC Mediator Roster Society has a website at
www.mediator-roster.bc.ca. The
BC Arbitration and Mediation Institute has a website at
www.amibc.org. For more information, please
visit the
Links section of this site.