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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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

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

Chapter:
(p.909) Chapter 18 Mediation in Canada: One Goal—Different Approaches to Mediation in a State with Federal and Provincial Jurisdictions
Source:
Mediation
Author(s):

Reinhard Ellger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199653485.003.0018

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

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