Safeguarding personal information is a fundamental concern of the British Columbia Dispute Resolution Practicum Society (the "Society"). The Society is committed to meeting or exceeding the privacy standards established by British Columbia's Personal Information Protection Act (PIPA) and any other applicable legislation. This Personal Information Protection Policy describes the policies and practices of the Society regarding the collection, use and disclosure of personal information about its employees, volunteers, contractors, mediators, students and individuals who participate in the mediation process. In particular, the policy will describe the steps being taken to ensure personal information is handled appropriately and securely.

The British Columbia Dispute Resolution Practicum Society (the "Society") is a non-profit society incorporated in 1998 to collaborate with the dispute resolution community in the development of practicum training programs. The Society's activities are conducted under the guidance of a volunteer Board of Directors.

The purposes of the Society are:

• to provide an opportunity for trained but inexperienced dispute resolution practitioners to practice dispute resolution skills in a high-quality practicum environment;
• to provide a neutral service for mediation, including such mediation among parties to actions in the Small Claims Division of the BC Provincial Court;
• to support a justice and conflict resolution environment that offers a wide range of dispute resolution options in the civil justice system in British Columbia; and
• to enhance the profile and credibility of dispute resolution options in the community.

"I've taken mediation training, but no one will hire me without experience!" As early as 1996, members of the BC dispute resolution community began looking at ways to collaborate and address the top two concerns expressed by the mediation community:

• trained but inexperienced mediators were finding it next to impossible to get mediation practice experience, and
• a pool of experienced and skilled mediators was needed before significant mediation initiatives within the courts or elsewhere could be viable.

In the mid-90's, there were many training opportunities available in British Columbia for people interested in gaining mediation skills, but students reported that they were unable to get mediation experience. Opportunities for supervision from an experienced mediator while mediating were not often available. Potential clients were unwilling to hire an inexperienced mediator. As a result, the shortage of adequately trained, experienced mediators within British Columbia was restricting the introduction of new mediation initiatives within the court system, government, and other contexts. The mediation community and potential clients were expressing a desire for the development of a common roster of qualified experienced mediators.

The Society was formed in direct response to these two concerns. The first directors of the Society represented a number of stakeholder groups in the mediation community: the Dispute Resolution Office of the Ministry of Attorney General, mediation trainers (including the Centre for Conflict Resolution at the Justice Institute of British Columbia and the Continuing Legal Education Society of British Columbia), and mediator organizations (including the BC Arbitration and Mediation Institute and the Mediation Development Association of BC). As well, experts in the court process, including the Office of the Chief Judge of the BC Provincial Court and the Canadian Bar Association, participated in the development of the Society and its first project.

The Society has a very broad mandate. What follows is a brief description of its present activities. However, this Policy is being drafted in broad terms since the Society may embark on other programs in furtherance of its objectives.

1. Court Mediation Practicum Program

The Society undertook as its first project the design and implementation of the Court Mediation Program ("CMP"). The CMP provides inexperienced mediators with the opportunity to conduct 10 Small Claims Court mediations under the supervision of experienced mentors in a high-quality practicum environment. The Practicum was developed by the Society to form an integral part of the mediation infrastructure in British Columbia. Completion of the CMP practicum meets the experience requirements for admission to the BC Mediator Roster.

Anyone who has received a minimum of 5 full days of interest-based mediation training, including at least 10 hours of role-playing experience, may apply to participate in the CMP. In the first 4 years of the Program, over 200 mediators have participated in the CMP.

The CMP deals with a wide variety of cases in the Small Claims Court. Mediations are currently scheduled in Mediation Registries (as listed in Rule 7.2 - Schedule C) for practicum students and for mediators on the Provincial Court (Civil) Mediator Roster. Special procedures related to mediating in the small claims court context were added to the Small Claims Rules on April 28, 2003. In a Small Claims Court Registry offering mediation services, cases may be referred to mediation on a mandatory basis, or a claimant or defendant may file a notice to mediate in most cases.

2. Family Mediation Practicum Project

The Family Mediation Practicum Project ("FMPP") commenced January 8, 2004 and is a family justice initiative designed to provide an opportunity for trained but inexperienced family mediators to practice mediation skills in a high quality practicum environment. It is presently in the "pilot" phase (recently extended until the end of 2004). It is being delivered by the Society in collaboration with Continuing Legal Education and the Justice Institute of BC. The Law Foundation, the BC Ministry of Attorney General and Justice Canada are providing funding for the project.

Participants in the FMPP will participate in 20 hours of actual family mediation plus 10 hours of feedback for a total of 30 hours of practicum training with a mentor at the practicum site. The issues that are mediated include custody, access, guardianship, support and some small property matters. The mediations are supervised by highly trained and experienced mentors who assist the Practicum Mediators to prepare for and conduct the mediation and provide constructive feedback following each mediation.

The Project is located in New Westminster and accepts referrals from communities throughout the Lower Mainland.

3. Provincial Court (Civil) Mediator (PCCM)

The Society launched the second stage of the CMP in the Vancouver, Surrey, Delta and Nanaimo Small Claims Court Registries in February 2000. The development of the Provincial Court (Civil) Mediator Roster (PCC Mediator Roster) has provided eligible Practicum Mediators with an ongoing opportunity to gain further mediation experience in a structured setting. The development of the PCC Mediator Roster has increased the overall numbers of small claims mediations conducted and the number of Small Claims registries served by mediation while continuing the Society's focus on its training mandate.

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The Society is committed to the PIPA's Ten Principles for the Protection of Privacy and this policy is designed to address each of those ten principles in detail. The Ten Principles are as follows:

Principle 1 - Be accountable
Principle 2 - Identify the purpose(s)
Principle 3 - Obtain consent
Principle 4 - Limit collection
Principle 5 - Limit use, disclosure and retention
Principle 6 - Be accurate
Principle 7 - Use appropriate safeguards
Principle 8 - Be open
Principle 9 - Give individuals access
Principle 10 - Provide recourse

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In this policy, the following terms have the meanings set out below:

Board:	The Board of Directors of the Society
CMP:	The Court Mediation Program
Contact Information:	"information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business e-mail or business fax number of the individual". [PIPA section 1]
Contractor:	An individual providing services to the Society pursuant to a contract for services (but does not include an Employee, a Practicum Mediator, a Mentor or a PCCM). Includes the Legal Consultant, Bookkeeper, technology consultant etc.
Court:	The Provincial Court of British Columbia, Small Claims Division
Employee:	An employee of the Society (but does not include a Contractor, a Volunteer, a Mentor or a PCCM).
Employee Personal Information:	"personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual's employment." [PIPA section 1]
FMPP:	The Family Mediation Practicum Project
Practicum Mediator:	An individual enrolled as a student in a CMP or FMPP mediation practicum.
Mentor:	An experienced mediator who provides mentoring and supervision to a Practicum Mediator in a practicum mediation.
Participant:	An individual who is not a party to a mediation but is in the mediation room and signs the Agreement to Mediate.
Party:	An individual named as a party to a Court action (Claimant, Defendant or Third Party), and their counsel, if any.
PCCM:	Provincial Court (Civil) Mediator
Personal information:	"information about an identifiable individual and includes employee personal information but does not include contact information or work product information". [PIPA section 1]
Program Staff:	Employees, Volunteers and the Legal Consultant (as required) of the Society
Society:	The British Columbia Dispute Resolution Practicum Society
Volunteer:	An individual who provides services to the Society on a volunteer and unpaid basis.
Work product Information:	"information prepared or collected by an individual or group of individuals as part of the individual's or group's responsibilities or activities related to the individual's or group's employment or business but does not include personal information about an individual who did not prepare or collect the personal information." [PIPA section 1]

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The Society is responsible for maintaining and protecting the personal information under its control. In fulfilling this mandate, the Society has appointed a Privacy Officer to be responsible for compliance with the PIPA and this policy. You may contact our Privacy Officer as follows:

British Columbia Dispute Resolution Practicum Society
Attention: Kari D. Boyle, Privacy Officer
c/o Suite 177 - 800 Hornby St.
Vancouver, B.C. V6Z 2C5
Phone: 604-684-1300
Fax: 604-684-1306

The Society has also developed and is implementing policies and practices for the handling of personal information as well as a complaint process, all of which is outlined below.

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The Society will, before or at the time personal information is collected:

• identify the purpose(s) for which the information is collected, used and disclosed;
• ensure that the collection of personal information is necessary to fulfill the purpose(s) identified;
• ensure that such purpose(s) are limited to what a reasonable person would consider appropriate in the circumstances;
• inform the individual from whom the information is collected why the information is needed and how it will be used.

The personal information collected by the Society is required in order to fulfill the purposes of the Society as described above and to provide the highest quality mediation practicum programs and the finest mediation services to the public. Most of the information collected by the Society is provided either directly by the individuals involved, by the Legal Services Society (as part of a referral to the FMPP) or from Court Registry files. While PIPA does not apply to personal information in a court document (section 3(2)(e)(i)), the Society will ensure that, in using and disclosing this information, it follows the Ten Principles as closely as reasonably possible in the circumstances.

Some of the personal information collected by the Society includes:

• For its Employees, Volunteers, Contractors and Mentors/PCCM's in order to manage properly the employment or contractual relationship:
  • Name, home address, home phone number, e-mail address, fax number
  • Social Insurance Number, GST number and banking information (for administration of payroll, tax and financial matters)
  • Resume information for the application and hiring process including educational qualifications, employment history and references
  • Performance Assessment information to ensure the highest quality of services are provided
• For Practicum Mediators:
  • Name, work and home addresses, phone numbers, fax numbers and e-mail addresses
  • Application information including resumes, training and educational qualifications, employment history and references
  • Proof of liability insurance coverage
  • Photograph
  • The Practicum Mediator's feedback on the practicum, the Mentors and personal mediation performance
• Parties:
  • For the CMP, information in the court file provided to the Society by the Court Registry, including the Notice of Claim and Reply (which detail the parties' names, addresses and telephone numbers as well as the nature and amount of the claim)
  • For the FMPP, information provided by the parties during the intake process including name, address, phone numbers, fax numbers and e-mail addresses as well as key information relevant to the family relationship and outstanding issues in dispute.
  • Information revealed during the mediation process is protected by confidentiality provisions.

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The Society will, before or at the time personal information is collected, obtain consent of the individual for the collection, use or disclosure of personal information except when the PIPA provides for exemptions, grants permission or creates a requirement for collection, use or disclosure.

Requirements for consent to collection, use or disclosure of personal information vary depending on the circumstances and on the type of information. According to the PIPA, consent may be express, implied (including the use of "opt-out" consent) or "deemed". In determining whether consent is required and, if so, what form of consent is appropriate, the Society will take into account both the sensitivity of the personal information and the purposes for which the Society will use the information.

On giving reasonable notice to the Society, an individual may withdraw consent to the collection, use or disclosure of his or her personal information. Upon notice of withdrawal of consent the Society will notify the individual of the likely consequences of withdrawing his or her consent and, except when otherwise required or permitted by law, the Society will stop collecting, using or disclosing the personal information as requested.

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The Society will only collect personal information for purposes that a reasonable person would consider appropriate in the circumstances and will limit the amount and type of personal information collected to what is necessary to fulfill the identified purposes. Except for information provided from Court files or from the Legal Services Society, the Society will endeavour to collect personal information directly from the individual unless the PIPA or the individual authorizes the collection from another source.

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The Society will only use or disclose personal information for the purpose(s) for which it was collected, unless the individual consents to the new purpose or the use or disclosure is otherwise authorized by the PIPA.

The Society uses personal information collected to communicate with its Employees, Volunteers, Practicum Mediators, Mentors, PCCM's, Contractors, Parties, their counsel and other participants in the mediation process.

In addition, the Society uses personal information for purposes such as:

• Processing applications for Employees, Contractors, Volunteers, Practicum Mediators, Mentors and PCCM's
• Scheduling, organizing and managing mediations within the CMP and the FMPP
• Administering invoicing and receipt of practicum fees
• Administering payroll for its Employees and payments to Contractors, Mentors and PCCM's
• Assessing the performance of Practicum Mediators participating in the practicum programs
• Assessing the performance of the Mentors and PCCM's and designing professional development programs to ensure the highest quality of training program for the Practicum Mediators and mediation processes for the Parties
• Administering employee benefits
• Recording the results of mediation and, for the CMP, advising the Court Registry
• Contact Parties, with their written permission, to complete a follow-up survey for the purposes of quality control.

The Society may use anonymous information (information that does not identify any particular individual), such as information collected through surveys or statistical information about the programs provided by the Society.

If for any reason personal information is required to fulfill another purpose than those listed above or for which consent was originally sought, the Society will, when appropriate, notify the individual and seek consent before using that information for the new purpose.

The Society may disclose an individual's personal information to others in connection with the purpose(s) for which it was collected either as consented to by the individual or as required or permitted by law.

Personal information about employees is disclosed to third parties for purposes related to the employment relationship, including to:

• government departments, bodies and agencies such as Canada Customs and Revenue Agency, Workers Compensation Board, Ministry of Education;
• financial institutions for payroll related purposes;
• advisors to the Society including accountants, lawyers and consultants;
• when required or permitted by law.

The following are some other examples of when the Society may disclose personal information:

• The Society may disclose personal information to the Law Foundation or other funding bodies in relation to an application by a potential Practicum Mediator for a bursary;
• The CMP completes a form summarizing the results of each mediation and forwards it, together with any Mediation Agreements, to the relevant Court Registry;
• If a participant in a mediation behaves in a way that creates an actual or potential threat of harm, the CMP may contact the Court Sheriff for assistance and then provide a brief report about the situation to the Sheriff;
• The Society may disclose personal information to its Bookkeeper or Technology Consultant to improve the services it provides but these Contractors are bound by strict terms protecting personal information.

The Society is required by law to disclose certain personal information. For example, section 14 of the Child, Family and Community Service Act requires that a report be made to the Ministry of Children and Family Development if there is reason to believe that a child needs protection. Other situations involve Court orders and government tax reporting requirements.

The Society does not sell, lease or trade personal information about anyone to other parties.

1. Restricting Sharing Information

If an individual wishes to limit the sharing of personal information as permitted by law, the individual must submit to the Privacy Officer a written letter specifying which items of personal information are to be limited and to whom these items are to be restricted. The Privacy Officer will advise the individual whether the requested information can be restricted in the manner requested.

2. Outside Service Suppliers

The Society will sometimes contract with outside organizations to perform specialized services such as printing, accounting services, market research or data processing. Suppliers of specialized services are given only the information necessary to perform those services, and the Society takes appropriate steps to ensure that such information is securely transferred and stored and is used only to fulfill the purposes for which it was disclosed to the service provider.

Personal information will only be retained for the period of time required to fulfill the purpose for which it was collected. Once the personal information is no longer required to be retained to fulfill the purposes for which it was collected and is no longer required or permitted to be retained for legal or business purposes, it will be destroyed or made anonymous.

If the Society has used an individual's personal information to make a decision that directly affects the individual, it will keep that information for at least one year after using it, so the individual has a reasonable opportunity to obtain access to it.

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If personal information is likely to be used by the Society to make a decision that affects the individual to whom the information relates or if that information is likely to be disclosed by the Society to another organization, then the Society will take appropriate steps to ensure that personal information collected by the Society is as accurate and complete as is reasonably required in connection with the purposes for which it was collected, used or disclosed.

An individual may, upon written request to the Society, request that the Society correct an error or omission in any personal information that is under the Society's control. The Society will, as appropriate, amend the information as requested and send a copy of the corrected personal information to each third party to whom it has disclosed the information during the preceding year.

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The Society will protect personal information (in all formats) by security safeguards that are appropriate to the sensitivity level of the information. All Employees, Contractors and Volunteers receive training and information about the importance of privacy and they are required to follow the Society's policies and procedures regarding handling of personal information. Access to personal information is restricted to authorized Society representatives who have a legitimate reason for obtaining access. For example, all personnel files are kept in locked offices and access is restricted to those with legitimate purposes.

The Society manages electronic information with appropriate passwords and security measures that limit access to unauthorized personnel. The Society's security protocols are reviewed regularly to ensure that the privacy of personal information is not compromised.

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The Society will make information available to individuals that explain its personal information policies and practices. Individuals may direct any questions or enquiries with respect to the Society's privacy policies or practices to the Privacy Officer (see contact details in section IV above).

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Upon written request to the Privacy Officer, the Society will provide applicants with:

• Access to their personal information;
• An explanation of how their personal information is or has been used;
• A list of any individuals or organizations to whom their personal information has been disclosed;
• Within 30 days of receipt of the request, a copy of the information requested OR a response that includes reasons for not providing access, subject to the exceptions set out in the PIPA.

Exceptions to the requirement to provide access are contained in section 23(3) of the Act. In particular:

• The Society is not required to disclose personal information if it was collected or created by a mediator in the conduct of a mediation;
• The Society must not disclose personal information if the disclosure:
  
  • could reasonably be expected to threaten the safety or physical or mental health of another person;
    
  • would reveal personal information about another individual; or
    
  • would reveal the identity of an individual who has provided personal information about another individual.

Upon written request to the Privacy Officer, the Society will:

• Correct personal information that the Society verifies is inaccurate or incomplete;
• If a correction is made, send a copy of the corrected personal information to each organization to which the incorrect or incomplete information was disclosed in the past year;
• If no correction is made in response to the individual's request, annotate the personal information to indicate that a correction was requested but not made.

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