Edmonton... Albertans who find themselves in a civil dispute will soon have another tool available to them that they can use to resolve their disagreements.

Beginning January 1, 2005, people who have filed actions in the Court of Queen's Bench of Alberta, in the judicial districts of Lethbridge/Macleod and Edmonton, will have the Civil Mediation Project as a means for accessing interest-based mediation to help solve their civil disputes.

"This project is yet another door through which justice can be accessed for people dealing with a civil dispute," said Justice Minister Dave Hancock. "It does not replace existing programs such as Judicial Dispute Resolution (JDR) or the traditional court process, as there will always be cases that are best decided by the Court. It is anticipated this program will complement the existing dispute resolution process, including the traditional court process. "

The project will encourage interest-based mediation by offering information to parties in litigation about mediation and other dispute resolution options. It will also establish a list of qualified mediators.

"The Court of Queen's Bench of Alberta is committed and dedicated to initiatives that help to best meet the needs of the people it serves. The Court will continue to guide and oversee the Civil Mediation project to ensure the highest standards of integrity and fairness," said Chief Justice Allan Wachowich, Court of Queen's Bench of Alberta.

Interest-based mediation is a form of dispute resolution where the people involved in a dispute are encouraged to explore the root of the problem, by identifying the interests that underlie each side's issues and positions. The mediator's role is to assist the parties to look for a resolution that is suitable to everyone, although the mediator does not make any decisions, determinations, nor suggest solutions.

The decision to proceed with mediation is made by the people involved in the dispute. The parties can agree to mediate, or one party can start the process by filing and serving a "Request to Mediate."

Project services are free, although parties are required to pay for the cost of a mediator as agreed to with the mediator. The average number of hours required to resolve a civil dispute varies depending on complexity, but it can take as little as 2-3 hours. The current per hour rates for mediation range between $80 - $400. Some of the cost of the mediation may be covered if one or more parties satisfy criteria established as part of the project.

The initiative is a two-year pilot project and is a result of several years of a dedicated partnership among the judiciary, the legal and mediation communities, as well as the Alberta government, and is expected to cost $570,000.

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Background information is available at: www.justice.gov.ab.ca/mediation/default.aspx?id=3371

Justice website: www.justice.gov.ab.ca

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