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Arbitration and Mediation Costs PDF Print E-mail

The case initiation fee varies depending on the type of proceeding.

An Initial Filing Fee due when filing the Notice of Request or Submission to Arbitrate (which are non-refundable) payable to BCAMI.  If the value of the dispute is:

$0.00 to $10,000.00, the Initial Filing fee is $350.00 plus HST
$10,001.00 to $75,000.00, the Initial Filing fee is $600.00 plus HST
$75,001.00 to $150,000.00, the Initial Filing fee is $1,000.00 plus HST
$150,001.00 to $500,000.00, the Initial Filing fee is $2,000.00 plus HST
$500,001.00 to $5,000,000.00, the Initial Filing fee is $4,000.00 plus HST
$5,000,001.00 and over, the Initial Filing fee is $5000.00 plus HST


Plus a Case Service fee, on the filing of a Statement of Defense or counterclaims, (which are non-refundable) payable to BCAMI.  If the value of the dispute is:

$0.00 to $10,000.00, the Case Service fee is $175.00 plus HST
$10,001.00 to $75,000.00, the Case Service fee is $300.00 plus HST
$75,001.00 to $150,000.00, the Case Service fee is $500.00 plus HST
$150,001.00 to $500,000.00, the Case Service fee is $1,000.00 plus HST
$500,001.00 to $5,000,000.00, the Case Service fee is $2,000.00 plus HST
$5,000,001.00 and over, the Case Service fee is $3000.00 plus HST

Request forms can be mailed, faxed or emailed.  Payment can be made by cheque, Visa or MasterCard.

The appointment fee is collected by the mediator or arbitrator, who must remit it to the Institute within 60 days of the appointment. For amounts in dispute under $100,000, the appointment fee is $100 plus HST; for disputes over $100,000, it is $200 plus HST.

Individual practitioners, not the Institute, set their own fees for mediation or arbitration (generally an hourly rate) based on their experience, skill and profession, and on the matters in dispute. The parties should discuss these fees with the practitioner before proceeding with the process. The exception to this rule is when the arbitrator or mediator has been accepted for a specific program and has agreed to a set fee, such as the Strata Mediation Pilot Program, the Better Business Bureau, the Surrey Chamber of Commerce and ICBC (Insurance Corporation of British Columbia) Coverage Disputes.

What level of costs can a party to an arbitration expect to pay?

Arbitrators usually charge a fee based on an hourly or daily rate. This can vary considerably among arbitrators.   The oral hearing is the biggest cost item.  Usually, the cost of the arbitration will therefore depend mostly on its length and complexity, and whether an oral hearing is required. Other variable cost factors include counsel fees, travel costs, document reproduction, hearing room rental, etc.  There are ways of controlling these costs, and the arbitrator should be     able to give the parties advice in that regard.  Some arbitrations are conducted for a fixed fee as part of a program, such as the ICBC Coverage Dispute arbitration program (a documents-only process; no oral hearing).  In British Columbia, the arbitrator's fee is subject to review by a court official.  

 

Last Updated on Thursday, 17 March 2011 13:30
 
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