Chapter

Mediation in Canada: One Goal—Different Approaches to Mediation in a State with Federal and Provincial Jurisdictions

Reinhard Ellger

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0018
Mediation in Canada: One Goal—Different Approaches to Mediation in a State with Federal and Provincial Jurisdictions

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In Canada, mediation is increasingly used as an alternative to the traditional court system for the solution of conflicts between private parties. Being a federal state with legislative powers shared between the federation and the provinces, the legal approaches to mediation chosen by the different jurisdictions display a colourful patchwork of possible solutions for integrating mediation in the existing system of conflict resolution predominantly relying on the courts of law. The article offers a survey of the general features of mediation in Canada and offers a more in-depth analysis of some particular forms of mediation, such as the mandatory mediation under the Rules of Civil Procedure of Ontario and the médiation judiciaire as provided by the Code de procedure civile du Québec. On the one hand the report shows that mediation is used to relieve the court system from problems caused by docket congestion and, on the other hand, is supposed to offer parties a less costly alternative to court proceedings. An effect also intended by Canadian lawmakers at the federal and provincial level is to limit or reduce public spending for the court system.

Keywords: Canada; mediation; conflict resolution; federal jurisdictions; provincial jurisdictions; mandatory mediation

Chapter.  21329 words. 

Subjects: Comparative Law

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