Specifications

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a. must be familiar with all relevant facts on which the party, on whose behalf the representative
attends, intends to rely, and
b. must have full authority to settle, or have immediate access to a person who has full authority to
settle, on behalf of the party on whose behalf the representative attends.
11. A party or representative who attends the mediation session may be accompanied by counsel.
12. Any other person may attend a mediation session if that attendance is with the consent of all parties
or their representatives.
13. At least seven (7) days before the first mediation session is to be held, each party must deliver to the
mediator a statement briefly setting out:
a. the facts on which the party intends to rely, and
b. the matters in dispute.
14. Promptly after receipt of all of the statements required to be delivered under subsection (13), the
mediator must send each party’s statement to each of the other parties.
15. Before the first mediation session, the parties must enter into a retainer with the mediator which
must:
a. disclose the cost of the mediation service, and
b. provide that the cost of the mediation will be paid:
i. equally by the parties, or
ii. on any other specified basis agreed by the parties.
16. The mediator may conduct the mediation in any manner he or she considers appropriate to assist the
parties to reach a resolution that is timely, fair and cost-effective.
17. A person must not disclose, or be compelled to disclose, in any proceeding oral or written information
acquired or an opinion formed, including, without limitation, any offer or admission made in anticipation
of or during a mediation session.
18. Nothing in subsection (17) precludes a party from introducing into evidence in a proceeding any
information or records produced in the course of the mediation that are otherwise producible or
compellable in those proceedings.
19. A mediation session is concluded when:
a. all issues are resolved;
b. the mediator determines that the process will not be productive and so advises the parties or
their representatives; or
c. the mediation session is completed and there is no agreement to continue.
20. If the mediation resolves some but not all issues, then at the request of all parties the mediator may
complete a report setting out any agreements that the parties to the mediation have made as a result
of the mediation, including, without limitation, any agreements made by the parties on any of the
following:
a. facts;
b. issues;
c. future procedural steps.
DEFINITIONS
1. Building Code
a. the British Columbia building code established under the Municipal Act; or
b. the Vancouver building bylaw established under the Vancouver Charter.
In force at the time that the building permit was issued for the new home or, in jurisdictions where a
building permit is not required, in force when construction commences.