Posts

Mediation Chairs

Mediation of Insurance Denial Claims

Mediation is a voluntary process, to which both parties agree. A mediator is appointed to hear the claim. The mediator is a neutral person assigned to help the two sides reach a solution that works for both. Usually a mediation takes place in a boardroom at a neutral location. The setting is usually casual in order to relax both sides to allow for easier communication.

A mediation is conducted on a “without prejudice’ basis. This means that whatever is said at the mediation cannot be used against you if the matter were to proceed to trial. This rule encourages both parties to speak more freely.

The mediator will manage both parties to ensure that each has an opportunity to speak and listen to all the issues. The mediator may help clarify misunderstandings and make discussion of the issues less stressful.

The mediator does not “decide” or “rule” on any issues and cannot force a settlement.

Mediation only works if both parties are willing to resolve their dispute.

If one party refuses to compromise and refuses to listen then the mediation will fail.

Small Claims Court or the Supreme Court of British Columbia – You Decide

When you are faced with a legal problem, try and settle the claim. Remember, settling a claim involves compromise on both sides.

If a compromise cannot be reached, you can go to court and have a judge decide the legal issue.

Generally speaking, there are two levels of courts that deal with legal disputes:

The Provincial Court Small Claims Division and The Supreme Court of British Columbia

There are advantages and disadvantages to both.

The advantages of small claims court include:

  • a relatively short time to wait for a trial (about 8 months);
  • shorter trials (usually half a day);
  • relatively low costs; and
  • a mandatory settlement conference in front of a judge to try to settle the case.

The main disadvantage is that a judge cannot award more than $25,000.

The advantages of the Supreme Court of British Columbia include

    • No monetary limit on what you can claim;
    • Rules that provide for wider access to documents controlled by the other side; and
    • Your right (in most cases) to have the matter heard by a jury

The main disadvantages are:

  • A long wait for a trial date (up to 2 years)
  • Longer trials (usually 3 to 7 days in length)
  • Higher costs

Remember, before you decide WHERE to start a lawsuit, you must know WHEN to start a lawsuit. There are strict time limits and if you miss the time limit, you lose your right to sue. Don’t hesitate to consult a lawyer.