BRITISH COLUMBIA
LABOUR RELATIONS BOARD
COLLECTIVE AGREEMENT ARBITRATION BUREAU

Section 105
Consensual mediation-arbitration

Mediation-arbitration (med-arb) is a combination of two processes. Typically, med-arb begins where the parties consent to an arbitrator first attempting to mediate a settlement to the grievance. Instead of making rulings or decisions, the arbitrator acts as a mediator/facilitator to help the parties settle the grievance. If unsuccessful, the matter proceeds to arbitration. The arbitrator has full authority to hear the evidence and formal positions of the parties, and render a final and legally binding decision.

This approach to arbitration has become much more common in recent years. Arbitrators appointed under sections 86 and 104 of the Code often offer the parties the opportunity to explore a mediated resolution before commencing the formal arbitration hearing.

A joint application under Section 105 of the Code must be submitted on a Request for Appointment form which can be accessed on the LRB website: www.lrb.bc.ca

An application to CAAB can be filed by e-mail (registrar@lrb.bc.ca), mail, fax, or in person. The hours for filing applications with CAAB are 8:00 AM to 4:00 PM, Monday to Friday, excluding statutory holidays. An application filed after 4:00PM will be treated as filed at 8:00 AM the next business day.


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