Judicial Mediation in British Columbia: Moving Towards a More Effective Process

Abstract

My thesis examines judges acting as mediators in the court process. I wanted to examine how judicial mediation compares to private mediation through identified best practices. Styles of mediation are examined looking at evaluative mediation, facilitative mediation, transformative mediation and interest-based mediation. The rules of court dealing with judicial mediation in British Columbia are then examined to identify how judge lead mediations become part of the court process. Identified best practices of mediation are set out with an emphasis on process, neutrality, communication, emotions, culture and continuing education. These identified best practices are then compared and contrasted to how mediation is incorporated into the court process.

The interviews of judges from the Supreme Court of British Columbia are used as an entry to their particular views about the benefits judicial mediation has to parties engaged in the court process and to the court process itself.

I conclude by identifying the important role judicial mediation has within the court process and how the prevalence of judicial mediation will likely continue in family law litigation. Given that judicial mediation will continue, I argue it is important that the judicial mediation process be as effective as possible to maximize the benefits to parties and the court system. To move towards this goal, I make a number of recommendations on how the judicial mediation process may be changed.