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Mediation

JUDICIAL MEDIATION - SERVICE PROGRAM

The Court of Appeal of Québec offers judicial mediation sessions, conducted by one of its judges, to help litigants definitively resolve their litigation.

The Judicial Mediation Service is FREE, RAPID, CONFIDENTIAL and based on a FLEXIBLE procedure. 


To whom is this service available ?

Parties involved in a civil case in appeal, including amongst others family and commercial matters, who wish to definitively resolve their litigation may apply to have judicial mediation service.

Judicial mediation can only take place if all the parties proceed with the mediation. It can be requested at any stage of the appeal process, even after briefs have been filed.


How to apply for a judicial mediation session ?

The parties and their attorneys must complete and sign the enclosed form, Joint Request for Judicial Mediation, and return it to the Office of the Court of Appeal.

Mediation sessions are generally held within 30 days of receipt of the request.

A file of relevant documents must be sent to the Office of the Court of Appeal at least seven days before the date of the judicial mediation session. The file is comprised of the inscription in appeal, the judgment appealed from and all other proceedings and exhibits deemed useful by the parties or requested by the Judicial Mediation Service. A transcription of the testimony is not required.

Characteristics of a judicial mediation session

A judge of the Court of Appeal conducts the judicial mediation session on the date set by the Judicial Mediation Service.

The procedure for the judicial mediation session may be varied according to the circumstances: plenary sessions, individual caucuses, etc.

A flexible procedure is at the heart of the system. The judge remains available to the parties throughout the judicial mediation session.

Procedure for the judicial mediation session

If the judicial mediation session leads to a solution of the litigation, an agreement is drawn up, signed by the parties and their attorneys. It is then submitted to a panel of the Court for homologation with no further formality.

If the judicial mediation session does not lead to a solution of the dispute, no report is filed in the court record and the judge who conducted the judicial mediation session cannot be one of the judges of the panel who hears the appeal.

Everything that is said or occurs during judicial mediation is strictly confidential and may not be revealed either by testimony or otherwise.  


FOR MORE INFORMATION

MONTRÉAL
Judicial Mediation Service
Court of Appeal of Québec
Édifice Ernest-Cormier
100, rue Notre-Dame Est
Montréal (Québec) H2Y 4B6
Phone: 514 393-2022

QUÉBEC CITY
Judicial Mediation Service
Court of Appeal of Québec
Palais de justice
300, boulevard Jean-Lesage
Québec (Québec) G1K 8K6
Phone: 418 649-3401

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