THE JUDICIAL MEDIATION SERVICE PROGRAM
OF THE COURT OF APPEAL OF QUEBEC
SUMMARY
The crisis affecting the administration of civil justice, in its classic form, traces its origin to many factors related as much to the heaviness of the adversary system, in some respects outmoded, as well as to the institutional deficiencies in the civil justice system itself. Another way of resolving disputes, simpler and less costly, is desired by litigants and is slowly evolving within the judiciary.
Taking into account the judicial evolution in western society, many courts, including the Court of Appeal of Quebec, have decided to initiate, within the traditional system, a system of judicial mediation with a view to reinvesting in the parties themselves their power to decide their dispute.
As guardians of public order and democratic values, it is fitting that the judiciary participate with the community in transforming the classical justice system so that it is more reflective of social values. In doing so, the justice system bears witness to a lessening of the distance between the judiciary and the public and to the principle that society is better served when it is better understood.
