When I think back upon my year of Articling as a Law Student in 1971-1972, and my call to the Bar in 1972, I realize how it may look the same, but the practice of law today is very different. It’s different for us lawyers, and also for our clients. Having spent most of the…
For a number of years we all heard of Arbitration as a way to obtain a decision in a dispute between two or more parties. Some agreements mandate that disputes are arbitrated rather than litigated as a way to save costs and to obtain a decision in a much shorter time frame than through the…
British Columbia is establishing Canada’s first online dispute resolution body. The innovative Civil Resolution Tribunal will address small claims and strata property disputes. The Tribunal is expected to launch later this year. The Civil Resolution Tribunal Act was passed in 2012 and amendments to the Act passed third reading on April 21, 2015. The Tribunal…
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WHAT IS Mediation & Arbitration?
Mediation and Arbitration are two processes for resolving a dispute without going to court. At Pihl Law Corporation, all of our trial lawyers can represent you in an arbitration or a mediation and all of them can advise you on the most effective process for resolving your dispute. David Pihl is a member of Mediate BC Civil Roster.
A mediation is an assisted negotiation. The parties, and their lawyers if they are represented, meet with a neutral mediator to negotiate the settlement of a dispute. The mediator cannot impose a settlement or decision, but can help the parties to have productive discussions in the face to face sessions, and can meet separately with the parties to help evaluate their options for resolution. Mediation is confidential and what is said at a mediation cannot be used in court. Mediators who are also lawyers can assist the parties by drafting agreements that reflect the settlement reached.
An arbitration is a hearing, similar to a trial, but the parties have high degree of control over the process. The parties can choose the arbitrator and can choose the rules to use for the arbitration. Arbitration can be faster and more flexible than litigation. They can also be less expensive when the parties collaborate to narrow the issues and disclose the necessary documents and evidence for the hearing. Once an arbitrator is appointed there will usually be a pre-arbitration meeting in which the process is discussed. Hearings take place in a boardroom. Usually the arbitrator’s decision will be final.
Who can be a mediator? There is no provincial licensing authority for mediators as there is for lawyers. MediateBC is a society that administers rosters of mediators who must meet educational and practical requirements to be listed. Visit http://www.mediatebc.com/
David Pihl is a member of the Civil Roster of Mediators.
How much will a mediation cost? The parties have to pay for the mediator and any expenses such as boardroom rental. Mediators’ fees vary from person to person but most charge approximately the same hourly rate as a lawyer. You can expect to pay from $150 to $400 an hour.
Who pays for the mediation? The parties pay. To hire a mediator the parties usually agree (and the mediator will require) to split the cost equally. That can be negotiated as part of the settlement.
Who can be an arbitrator? There is no provincial licensing authority for arbitrators either.
How much does arbitration cost? The parties have to pay the arbitrator’s fees as well as disbursements such as boardroom rental, travel, catering, long distance. Arbitrators usually charge the same rate as lawyers, so you can expect to pay $150 to $400 an hour.