The Option To Mediate An ICBC Claim
Owing to the complexities that get linked to certain cases, the Insurance Corporation British Columbia (ICBC) allows utilization of a special process for claimants with a major injury. That process involves scheduling a time when the 2 sides can try to mediate their dispute. ICBC presents an argument for one side, and the injured claimant presents the opposing argument. The 2 of them seek to mediate the claim.
Timeline for the mediation process
The injured victim files a lawsuit.
The 2 sides attend the discovery session.
Then the claimant serves ICBC with a Notice to Mediate. The Notice cannot be sent before an interval of 60 days has passed, following the pleading period. Yet the same Notice must go out before the deadline, which means it must be sent no later than 77 days before the scheduled trial.
Next the mediation facilitator must be told the time period when the mediation can be scheduled. Note that the scheduling of a mediation session does not guarantee the holding of such a session. ICBC has the right to refuse to honor the Notice to Mediate. In that case, ICBC must give the defendant a Declaration of Default.
What actions could the court take, if ICBC had issued a refusal?
The court could follow 1 of 3 options. It could dismiss the proceeding, the scheduled trial. It could call for a response and pronounce judgement. Alternately, it could issue any order that it felt to be appropriate.
For what reason might ICBC refuse to agree to the suggested mediation?
Since only the court decides the next step, after hearing of ICBC’s refusal, it is hard to image why that Corporation would not want to mediate with the claimant. Yet it could be that the Insurance Corporation British Columbia had failed to picture any desirable income for the case that could have been mediated.
If that were the case, then the Corporation might decide to undertake those actions that could result in a given case’s dismissal. Understand, though, that such a dismissal could not be guaranteed.
It is hard to conceive of ICBC’s reason for refusing mediation. That process forces each side to consider what it is like to wear the same shoes as the ones used by the other side. Accident Lawyer in Abbotsford knows that it pushes the 2 sides to reach an agreement.
Granted, a mediated decision might not be one that is strongly in favor of the Insurance Corporation. Some business that recognized that fact might hesitate to form an agreement with an individual that had a strong case. Of course, a refusal to mediate could push the court to reach a decision that would not present the sort of terms that had been ICBC’s desire.