70% of respondents were located in Greater Vancouver and Southern Vancouver .... Email. 5. FaceTime. 6. What other colla
Mediate BC’s 2015 Mediation Business Survey1 Summary of Key Results In the spring of 2016, Mediate BC Society issued a survey to mediators on its Civil and Family Rosters (including the Associate Rosters) to learn more about the use of mediation in British Columbia. This was the third annual survey. DEMOGRAPHICS
80 of the 321 Roster Mediators responded 70% of respondents were located in Greater Vancouver and Southern Vancouver Island (a decrease from previous years, and there was an increase in response from mediators from the Interior) 87% reported that they lived in an “urban” rather than a “rural” community Respondent gender was slightly higher for females than males. The average respondent age was 55 The average years of mediation experience was 14 51% of respondents reported that law was their primary professional background and 24% reported mediation as their primary professional background.
MEDIATION PRACTICE How many mediations did they conduct during 2015? # respondents Total Range Average Median
Civil
Family
Workplace
53 898 1 to 150 17 4
51 755 1 to 100 15 8
50 233 1 to 50 5 1
How many sessions were held per mediation?
Civil: 83% completed in 1 session Family: 89% completed in 4 or fewer sessions Workplace: 86% completed in 2 or fewer sessions
The naming structure of the survey was changed to reflect the calendar year that the survey was asking about rather than the year the actual survey was issued. 1
1
What was the mix of issues in CIVIL mediations? Rankings (1 = most common) Business & Consumers
2015 1
2014 3
2013 1
Personal Injury
2
1
2
Employment
3
2
5
Wills & Estates
4
4
4
Other
5
6
3
Housing, Real Estate & Strata
6
8
7
Restorative Justice
7
5
14
Community
8
7
11
Finances & Taxation
9
11
13
Insurance
10
7
9
Professional Complaints / Negligence
11
8
8
Public Institutions / Charities / Non Profits
12
9
6
Elder care
13
10
10
Rights & Identity
14
-
12
What was the mix of issues in FAMILY mediations? Rankings (1 = most common) Division of Assets / Debt
2015
2014
2013
1
1
1
Parenting Arrangements
2
2
2
Child Support
3
3
3
Spousal Support
4
5
4
Other
5
4
5
2
What was the mix of issues in WORKPLACE mediations?2 Rankings (1 = most common) Wrongful / Constructive Dismissal
2015 1
Workplace Conflict / Bullying
2
Employment
3
Workers' Compensation
4
Harassment
5
Other
6
Pensions and Benefits
7
Labour / Collective Bargaining
8
How much does mediation cost?3 4
Mediator Average Hourly Rates $300 $250
$228
$239
$250
$256
$243 $235 $226 $186
$200
$198
$150 $100 $50 $0 Civil avg hourly rates 2015
2
Family
Workplace
avg hourly rates 2014
avg hourly rates 2013
Note: this information was not collected in previous surveys.
The sample sizes are relatively small. It is likely that differences in both sets of responses are caused by a different mix of mediators responding each year. We also reworded the question to take out Court Mediation Program fees after 2013 as the focus of the question was the cost to the parties. 3
4
Average costs to completion are typically shared evenly amongst the parties (workplace mediations are a frequent exception).
3
Average Total Mediation Fees to Completion $3,500
$3,044
$3,000 $2,470
$2,500 $2,000 $1,500
$1,980
$1,951 $1,658 $1,391 $1,145
$1,544 $1,377
$1,000 $500 $0 Civil
Family
avg total cost 2015
Workplace
avg total cost 2014
avg total cost 2013
What was the average duration of the mediation process? Avg # of weeks Civil
2015
2014
4 8 7 14 Workplace 5 5 The results show a decrease for civil and family and compare favourably to a court process. Family
4
What is the resolution rate for mediation? The results showed an increase in effectiveness of mediation across the board.
Civil Mediation Resolution Rate % 90
80
80
77 68
70 60 50 40
25
30 20
13
16 7
10
7
7
0 Resolved all
Not all but progress 2015
2014
Resolved none
2013
Family Mediation Resolution Rate % 90 80
78
76
81
70 60 50 40 30
18
20
17
17 4
10
7
2
0 Resolved all
Not all but progress 2015
2014
Resolved none
2013
5
Workplace Mediation Resolution Rate % 90 80
80 72
77
70 60 50 40 30 17
20
23
20
10
3
5
3
0 Resolved all
Not all but progress 2015
2014
Resolved none
2013
How many mediators sought satisfaction feedback from participants? Results returned to 47% from 2014’s 42%.
How satisfied were participants with the mediation process and outcomes?
Note the small sample size in 2015 (n=19) and 2014 (n=16) compared to 2013 (n=27)
6
What percentage of mediations involved at least one participant who was not represented by counsel? % 43 55 51
Civil Family Workplace
Based on your experience in 2015, what do you predict will be the primary growth areas for mediation in the next five years? Rankings (1 = most common)
2015
2014
1 2 3 4
3 1 2 4
Workplace Family Wills & Estates Elder
BUSINESS DEVELOPMENT What best describes your conflict resolution practice? % of Mediators by Practice Type Part of a Practice Collective Part-Time 11 Full-Time 8 Note: 2 respondents indicated they practice practitioner
Sole Practitioner
% Response
41 43 both in a collective and as a sole
To what extent are mediators using technology tools? Civil Family Workplace
% 2015 12 11 10
% 2014 9 4 11
% 2013 7 10 4
7
What online/distance mediation platforms are being used? Rankings (1 = most common) Phone Skype Zoom WebEx Email FaceTime
2015 1 2 3 4 5 6
What other collaborative dispute resolution practices are mediators offering? Rankings (1 = most common) Other (Most common item noted in “other” was providing educational services (teaching/training/coaching) Collaborative Divorce Workplace Assessment / Investigation Facilitation Restorative Justice Parenting Coordination Med-Arb Peacemaking Circles
2015 1 2 3 4 5 6 7 8
How are mediators promoting their services? Rankings (1 = most common) Active participant in networking group(s) to promote mediation services Advertising mediation services Active social media presence to promote mediation services Other marketing / promotional efforts for mediation services Active media relations efforts to promote mediation services
2015
%
1
65
2
49
3
39
4
16
5
6
What types of professional services are mediators using? Rankings (1 = most common) Bookkeeper / Accountant Venue Rental(s) for client meetings or conducting mediations Website Developer 8
2015
%
1
80
2
25
3
22
Communications Advisor or Graphic Designer Marketing / Social Media Expert Business Coach or Advisor
4 5 6
8 7 6
What are the biggest challenges to building and marketing a mediation practice? Rankings (1 = most common) Cost of developing a mediation business Not enough public awareness of mediation Lack of potential clients in area Number of established mediators in area Discomfort with networking or conducting business development activities
2015 1 2 3 4 5
What are the most important factors in developing a robust practice? Rankings (1 = most common) Existing network and professional reputation Active networking in target field Client recommendations Active advertising & marketing efforts Active social media presence
2015 1 2 3 4 5
How many co-mediations did you conduct (outside a Mediate BC program)? On average, co-mediations only took place in Family mediation contexts. Respondent mediators each conducted an average of 3 co-mediations in 2015. Top 3 Reasons Mediators Co-Mediated: Rankings (1 = most common) Mentor and develop newer mediators Personal and/or professional relationship with the co-mediator Manage complex issues
2015 1 2 3
Top Reasons a Mediator Would Consider Co-Mediation: Rankings (1 = most common) Opportunity to Co-Mediate More Cases in Practice Reasonable Compensation Structure Co-Mediation Structure
2015 1 2 3 4
9
THANKS Mediate BC would like to thank all the Roster mediators that took time to respond to this survey. These results continue to help shape our understanding of the use of mediation throughout the province and to respond to questions from the public effectively.
