Beginning mediation

Start by seeing if the other side is willing to try mediation to settle the dispute.

Mediation is not always well understood. If the other people involved in the dispute seem hesitant to try it, here are some steps you can take:

1. Share a link to this website so the other people can learn more about it.
2. If you are using a lawyer, tell them to propose it to the other side. If you have a case in the BC Supreme Court, ask your lawyer about the Notice to Mediate.
3. Ask a mediator to inform everyone in the dispute of the benefits of mediation and to encourage them to take part.
4. To get the name of a qualified civil or family mediator, you can contact:

• B.C.'s Family Justice Services Division, which has staff who can help with mediation of disputes related to separation or divorce
• The Alternative Dispute Resolution Institute of British Columbia (ADRBC) 
• The BC Legal Referral Service
• Mediate BC
• Family Mediation Canada
• Canadian Bar Association British Columbia Find a Lawyer tool
• Law Society of British Columbia Lawyer Directory

Agreement to mediate

Once the parties agree to try mediation, the next step is to decide on a mediator together.

The mediator and everyone else will then sign an agreement to mediate that explains how mediation will proceed.

Mediators often have their own agreements that they like to use, but most cover the same things, including:

• Who the participants will be
• A general statement describing the problem
• A description of the process
• A statement confirming the mediator is neutral
• A goal of reaching a collaborative solution

Here are some other important parts to a mediation agreement and how they are commonly addressed:

1. Confidentiality: What you say in mediation will not prejudice your case if it goes to court. It also means the mediator will not testify in court. However, original documents provided to support what you say may later be used in court. Sometimes the mediator will meet with the parties separately. The agreement should say if the mediator can share information from the meetings with other parties involved in the dispute.
2. Full disclosure: Everyone involved must share all relevant information and documents with one another. Agreements to mediate often require information to be shared 7 or 10 days before mediation starts.  
3. Fees and costs: Specifies the mediator's fee and other charges, and provides information about who pays. Rates may be negotiable and daily rates are sometimes available.  
4. Role of legal counsel: People involved in the dispute may have lawyers involved in the mediation. If not, they should have an opportunity to get independent legal advice before committing to an agreement.
5. Ending mediation: Any party to the agreement or the mediator may end the mediation at any time.