INNOVATION March-April 2012

APEGBC Discipline Legal Expenses

0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000

FiscalYear Legal Fees

FY 07/08

FY 08/09 FY 09/10

FY 10/11 *FY 11/12 Estimated

Figure 1

amendments or refinements, will be brought before Council at its May 2012 meeting for approval of the final wording. Any Council-approved bylaw would be submitted to the membership for ratification with the Council election package in Fall 2012. The proposed Alternative Complaint Resolution bylaw in its entirety along with APEGBC’s Bylaw Consultation Policy and background information on mediation can be found online at www.apeg.bc.ca/about/acr_bylaw.html. v

How does it work? The parties exchange mediation briefs in advance of the mediation session. The session usually consists of an initial plenary meeting of all parties during which preliminary statements are given, followed by breakout of the parties for initial consultations with the mediator. In many instances, particularly if there is a risk of the process becoming confrontational, the parties may remain separated throughout the whole mediation. Is it fair? The mediation briefs delivered by the parties summarize their arguments concerning the issues and merits of the claims and defences in the dispute. However, once the preliminary comments have been presented at the mediation session, the process can become one of “horse trading” of offers and counter offers in the cause of a business resolution. While that may not be a bad thing if it works, since the goal after all is to settle, it can pressure parties to compromise beyond what their perception of their liability exposures would justify. Is it likely to succeed? Most civil disputes settle, and most mediations are successful in reaching settlement, although they sometimes require more than one session or additional negotiation following mediation, often with the assistance of the mediator. However, even good faith and the attractions of an early end to a dispute do not always result in a successful result at mediation. Member Input Sought To support stronger member participation and understanding of the regulatory process, Council has approved a Bylaw Consultation Policy that establishes a consistent approach to gaining member feedback on proposed bylaws prior to a vote by the membership. APEGBC welcomes member input and feedback on the proposed ACR bylaw. An online survey was distributed to the membership in the March 2012 issue of Connections and is available at www.apeg.bc.ca/about/acr_bylaw.html. Comments may also be submitted at this time to bylaws@ apeg.bc.ca. It is anticipated that following receipt and review of the stakeholder input, the proposed ACR bylaw, with any further

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