Frequently Asked Questions

  1. About Us
  2. About Mediation and Mediators
  3. About the Civil and Family Rosters
  4. About the Child Protection Mediation Program Roster

ABOUT US:


What does the British Columbia Mediator Roster Society do?

The British Columbia Mediator Roster Society's main role is to manage a list of qualified civil and family mediators, known as the "Civil Roster" and the "Family Roster", and to provide information about the mediators on this list. The Society is also affiliated with British Columbia's Child Protection Mediation Program Roster, and in this capacity manages information about the mediators on this Roster. The Society's other services include: providing help in selecting a mediator, appointing mediators under the Notice to Mediate Regulations and Small Claims Rule 7.3, managing a Mediator Consultation Program, and providing mediator speakers from its Speakers' Bureau.

The Society also provides information about the mediation process, mediation resources, organizations and training opportunities, and mediation-related developments in British Columbia. You can find more information in What We Do.

Is the B.C. Mediator Roster Society a "designated roster organization" under the Notice to Mediate regulations?

Yes, the B.C. Mediator Roster Society has been designated as a "roster organization" for the purpose of all four of British Columbia's Notice to Mediate regulations.

How do I ask the Society to appoint a mediator under one of the Notice to Mediate regulations, or under Small Claims Rule 7.3 - Mediation for Claims Between $10 000 and $25 000?

A description of the process for requesting the appointment of a mediator can be found in Appointment of Mediators.

ABOUT MEDIATION AND MEDIATORS:

What is the difference between mediation and arbitration?

"Arbitration is a dispute resolution process in which disputes are submitted to a neutral adjudicator through presentation of evidence and arguments. The arbitrator is empowered to render a binding decision." "Mediation is a non-binding process in which a neutral, impartial third party with no decision-making authority attempts to facilitate a settlement between disputing parties." (From the Dispute Resolution Office Bulletin, Dispute Resolution Terminology, March 2001.)

How can I determine whether my dispute is suitable for mediation?

The B.C. Mediator Roster Society operates a Mediator Consultation Program which is designed specifically to help individuals answer these kinds of questions.

Under the Program, a mediator on the Civil or Family Roster provides a consultation of up to 1/2 hour for a nominal fee of $10. During the consultation the mediator discusses the dispute with the individual, provides advice as to how suitable mediation would be for resolving the dispute, and answers other questions, such as how much it would likely cost to mediate the dispute. After the 1/2 hour consultation the individual may retain the Civil or Family Roster mediator at his or her usual fees. There is, however, no obligation to do this. To find out more, or to obtain the name of a Civil or Family Roster mediator who is participating in the program, contact us.


What kinds of qualifications or certificates do mediators need to have, in order to be able to practice in British Columbia?

The practice of mediation is not regulated in British Columbia. There is no overall governing professional body which certifies or licences mediators, and no legislation which requires that specific standards be met before mediators are allowed to practice. There are, however, a number of dispute resolution organizations in the province - including the B.C. Mediator Roster Society - which provide standards of practice for mediators. For more information, visit the section Practicing Mediation in B.C.

How can I choose the right mediator for my dispute?

Choosing a mediator is one of the most important steps in the mediation process. It is a good idea to do some research before making the selection. Find out as much as you can about the mediation process and the different mediation styles used by mediators. For example, mediation styles include "interest-based" mediation and "rights-based" or "evaluative" mediation. In interest-based mediation, the mediator encourages the parties to identify their needs, desires, concerns, fears and hopes, so that they can craft an outcome which addresses as many of the underlying needs or interests as possible. In rights-based or evaluative mediation, the mediator assumes that what the parties want and need is some direction as to the appropriate grounds for settlement. The mediator frames the dispute in terms of opposing rights and obligations, or looks to the rights the parties would have in court as a guideline or benchmark for settlement.

Contact more than one mediator and ask them for resumés and references. Ask them whether they are a member of a professional organization and whether they abide by a professional code of conduct for mediators. Also ask what they charge, so you can make an informed decision.

You can view short professional profiles of the Society's Civil Roster and Family Roster mediators in the Directory of Civil Mediators and the Directory of Family Mediators.

The Dispute Resolution Office's bulletin Selecting a Mediator provides important information about some of the factors you should consider and some of the key questions you should ask mediators before making your selection.

If you are looking for a mediator to mediate under Small Claims Rule 7.3 - Mediation for Claims Between $10 000 and $25 000, you should be aware that some of the processes which must be used under Rule 7.3 are unique to Small Claims Court and to the Rule. Several of the required processes - including the completing and filing of forms - are the mediator's responsibility, and it is important that the mediator be knowledgeable about them. Ask the mediators you contact whether they have experience mediating in Small Claims Court, and whether they are familiar with the requirements of Rule 7.3.

What do mediators charge?

There is a range of rates charged by mediators. Experienced, legally trained mediators typically charge from $150 to $250 an hour. Mediators who are not legally trained may fall within the same range or some may charge less. Rates are sometimes negotiable. The cost of the mediator is usually shared equally by the parties participating in the mediation, but the agreement to mediate can provide for any other arrangement.

Some of the mediators on the Civil Roster and Family Roster provide information about their rates on the Society website. You can find this information in individual mediator's professional profiles in the Directory of Civil Mediators and the Directory of Family Mediators.

ABOUT THE CIVIL AND FAMILY ROSTERS:

Is a list of mediators available to the public? Is there a fee for this list?

A list of the mediators on the Society's Civil and Family Rosters, and the mediators on B.C.'s Child Protection Mediation Program Roster can be obtained by phoning the Mediator Roster Society office toll free at 1-888-713-0433 (in British Columbia). The Society's website also lists all of these mediators in its on-line directories at: http://www.mediator-roster.bc.ca/directory/directory.aspx There is no charge for this information.

How many mediators are on the Roster?

The number is continually changing, with new mediators being admitted to the Roster on a regular basis. An up-to-date account of the number of Civil Roster mediators is posted on the B.C. Mediator Roster Society website at: http://www.mediator-roster.bc.ca/directory/MEMBER/MemberSearch.aspx?RosterType=1. The number of Family Roster mediators is posted at: http://www.mediator-roster.bc.ca/directory/MEMBER/MemberSearch.aspx?RosterType=2.

Is there a limit to the number of mediators who will be admitted to the Rosters?

At this time, the Society has not considered limiting the number of mediators. It is believed that the need for mediators will increase as the public's use of mediation grows.

Are there Civil and Family Roster mediators located in all parts of British Columbia?

Currently there are Civil Roster mediators residing in most regions of the province. However, some of the regions are not as well represented as others; there are, for example, very few Roster mediators located in the Northern Interior and Coastal regions, and in the Kootenays. There are fewer mediators on the Family Roster and these regions are, consequently, less well represented. The services of both Civil and Family Roster mediators are, nonetheless, available in all parts of the province since many of the mediators are willing to travel to any location.

How are mediators selected from the Roster?

In the vast majority of cases, consumers who are seeking a mediator make the selection themselves. The Society assists consumers in defining their mediation requirements when requested, and provides them with relevant information about all of the Roster mediators who meet these requirements. The Society is usually not involved in the actual selection itself. An exception to this is when the Society receives a request for the appointment of a mediator under the Notice to Mediate regulations or under Small Claims Rule 7.3 - Mediation for Claims Between $10,000 and $25,000. A description of the process used by the Society in selecting the mediator under the regulations and Rule 7.3 can be found in Appointment of Mediators.

Is Roster membership compulsory in British Columbia?

Although the Mediator Roster was established in order to provide a measure of protection to the public, membership is not compulsory. Neither civil nor family mediators are required to be on the B.C. Mediator Roster in order to mediate in British Columbia.

How can I find out if I meet the qualifications to be admitted to the Civil or Family Rosters?

Detailed information about the criteria for admission are posted on the pages called Admission to the Civil Roster and Admission to the Family Roster.

Where can I obtain the professional liability insurance which is required to be admitted to the Civil and Family Rosters?

A professional liability insurance program, providing mediators and arbitrators errors and omissions insurance at a group rate, has been established for members of the B.C. Mediator Roster Society's Civil and Family Rosters and its affiliate members of the Child Protection Mediation Program Roster. For details, click here. Provisional admission may be granted to uninsured applicants who meet all of the Society's admission requirements - with the exception of the insurance requirement. The insurance program established for Roster members is available to such provisionally admitted applicants. Please contact us for details.

What benefits are there for a mediator to be on the Civil or Family Roster?

The benefits include:  province-wide exposure, resulting from the Society's ongoing work to promote mediation and the Rosters; for Civil Roster members, eligibility for appointment under the Notice to Mediate regulations and Small Claims Rule 7.3 when the parties are unable to agree upon the appointment of a mediator; space for a personal profile on the Society's website; and a listing in the Canadian Bar Association's (BC Branch) "Lawyer's Directory". For more information, visit the page Membership Benefits.

ABOUT THE CHILD PROTECTION MEDIATION PROGRAM ROSTER:

Who manages the Child Protection Mediation Program Roster?

The Ministry of Attorney General and the Ministry of Children and Family Development collaboratively established the Child Protection Mediation Program Roster. The Dispute Resolution Office, Ministry of Attorney General, contracts for the services of mediators from the private sector and is responsible for mediator oversight and management.

I would like to use a mediator for a child protection matter. What do I do?

There has been no formal process set out for getting the mediation process started. Anyone can review the list of child protection mediators and suggest a mediator to another person. Anyone can call a child protection mediator and ask questions about his or her background and training if that can help them choose. You can find more information in the publication Child Protection Mediation Questions and Answers.

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.

How can I find out if I meet the qualifications to be admitted to the Child Protection Mediation Program Roster?

Detailed information about the mediator qualifications and the selection process is available on the Dispute Resolution Office website at: http://www.ag.gov.bc.ca/dro/child-protection/index.htm