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Mediation and arbitration

Last updated on December 16, 2025

Mediation and arbitration are ways that people can settle their disputes out of court.  These alternative dispute resolution options provide confidentiality and can be faster and less expensive than going to court.  Mediators help parties try to come to an agreement.  Arbitrators have the power to make a binding decision. 

Mediation

Mediation and arbitration are ways people can solve problems without going to court. These are called alternative dispute resolution methods. They are private and can be faster and cheaper than going to court. Mediators help parties try to come to an agreement. Arbitrators have the power to make a binding decision.

Mediation is a process for resolving disputes together. The people involved in a dispute meet and talk with the help of a mediator. The mediator will help the people define their problem so they can try to resolve it.

Mediation focuses on the interests and needs of the people involved, not just what they say they want. Interests are the key to every dispute. A position is only what a person has concluded is the best way of meeting those interests.

Interests can be about many things, like money, control, how the problem gets solved, or the needs that shape how someone feels about the issue.

By looking for these underlying interests, parties can create new options for settlement.

Arbitration

Arbitration is a private, fair, and faster way to resolve disputes without going to court. The people involved agree to follow the decision made by one or more independent, neutral arbitrators. The arbitrator is usually chosen by the people involved. An arbitrator listens to both sides and follows legal rules to conduct a fair hearing. Unlike a mediator, an arbitrator can decide on an outcome that the parties must follow.

B.C.'s Arbitration Act makes it easier for people to resolve disputes outside of court. It does this by modernizing the rules and improving access to justice. A second law, the International Commercial Arbitration Act, applies when one party is from outside Canada.

Sometimes, parties can't agree on an arbitrator. When that happens, the Vancouver International Arbitration Centre (VanIAC) will choose one under the Arbitration Act. With strong provincial legislation and supportive courts, Vancouver is a neutral location for international parties to hold arbitration hearings.

Choosing a mediator is key to a successful mediation. All parties to the dispute must agree on the mediator. You can get the names of mediators from:

Child protection mediation helps parents and child welfare workers work together. It can help solve problems and create lasting agreements and safety plans. It also improves relationships between parents and child welfare workers.

The Vancouver International Arbitration Centre (VanIAC) is a non-profit organization set up in 1986. It has a unique role under the law to help with arbitrations and mediations. In partnership with the governments of B.C. and Canada, it offers a range of services. Services include meeting rooms, trust fund management, rules of procedure, and a roster of approved arbitrators and mediators.

This glossary explains words used in alternative dispute resolution, including mediation and arbitration.