Acts and Regulations

2010-93 - Mediation

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Document at 1 June 2016
NEW BRUNSWICK
REGULATION 2010-93
under the
Franchises Act
(O.C. 2010-318)
Filed June 10, 2010
Under section 14 of the Franchises Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Mediation Regulation - Franchises Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Franchises Act.(Loi)
“mediation” means a process in which 2 or more parties meet and attempt to resolve issues in dispute between them with the assistance of a mediator.(médiation)
“mediator” means a person who assists parties in resolving issues in dispute between them, but has no power to unilaterally resolve the dispute.(médiateur)
“party” means a party to a franchise agreement who has a dispute with one or more other parties to the franchise agreement.(partie)
Methods of delivery
3(1)A notice of dispute under subsection 8(1) of the Act, a notice to mediate under subsection 8(3) of the Act and a notice declining mediation under section 4 of this Regulation may be delivered personally, by electronic means, by fax or by mail.
3(2)If mailed, the notice shall be deemed to be delivered on the fifth day after it was mailed.
3(3)If sent by electronic means or by fax, the notice shall be deemed to be delivered
(a) on the day it is sent, if sent before 5 p.m., or
(b) on the day after it was sent, if sent at or after 5 p.m.
Notice declining mediation
4 If a party to whom a notice to mediate is delivered under subsection 8(3) of the Act is of the opinion that the dispute is not suitable for mediation, the party may, within 7 days after that notice is delivered, deliver to the other party or parties a notice declining mediation that states the reasons why the party is of that opinion.
Appointment of mediator
5(1)If a notice to mediate is delivered under subsection 8(3) of the Act, the parties shall, unless a notice declining mediation is delivered under section 4, jointly appoint a mediator,
(a) if there are 4 or fewer parties, within 14 days after the notice to mediate was delivered, or
(b) if there are 5 or more parties, within 21 days after the notice to mediate was delivered.
5(2)If the parties fail to jointly appoint a mediator within the time required by subsection (1), each party may authorize a representative to agree on his or her behalf to the appointment of a mediator.
Premediation conference
6 A mediator may hold a premediation conference with the parties in order to consider organizational matters, including
(a) the identification of the issues that are to be addressed by the mediation,
(b) the exchange of information and documents before mediation, and
(c) scheduling and timing matters.
Timing and conduct of mediation
7(1)Mediation of the dispute must begin within 45 days after a mediator is appointed under section 5, unless another date is specified by the mediator with the agreement of all the parties.
7(2)The mediator shall schedule the dates, times and locations of the mediation sessions.
7(3)The mediator shall conduct the mediation sessions in the manner he or she considers appropriate to assist the parties to reach a resolution of the dispute that is fair, timely and cost-effective.
Representation of party
8A party may be represented at a premediation conference or a mediation session by counsel or by another person who
(a) is familiar with the relevant facts, and
(b) has full authority to settle the dispute on the party’s behalf or is able to communicate promptly with the party or with another person who has full authority to settle the dispute on the party’s behalf.
Exchange of information
9Each party shall deliver to the mediator and the other parties a statement of facts and issues not less than 10 days before the first mediation session is scheduled to be held.
Time limits on mediation
10(1)Subject to subsections (2) and (3), the mediator shall terminate the mediation, whether or not the issues are resolved, after 10 hours of mediation.
10(2)The mediator may terminate the mediation earlier if he or she is of the opinion that the mediation is not likely to be successful.
10(3)The mediator may extend the mediation, with the agreement of all the parties, if the mediator is of the opinion that the mediation is likely to be successful with the additional time.
Conclusion of mediation
11(1)A mediation is concluded when
(a) all the issues are resolved, or
(b) the mediator terminates the mediation before the issues are resolved.
11(2)When a mediation is concluded, the mediator shall complete a certificate of completed mediation and deliver a copy of it to each of the parties.
Cost of the mediation
12The parties shall share the costs of the mediation equally unless the parties otherwise agree in writing.
Forms
13(1)A notice of dispute under subsection 8(1) of the Act shall be in Form 1.
13(2)A notice to mediate under subsection 8(3) of the Act shall be in Form 2.
13(3)A notice declining mediation under section 4 shall be in Form 3.
13(4)A statement of facts and issues under section 9 shall be in Form 4.
13(5)A certificate of completed mediation under subsection 11(2) shall be in Form 5.
Commencement
14This Regulation comes into force on February 1, 2011.
N.B. This Regulation is consolidated to June 10, 2010.