Quebec modifies Act to Establish a new Code of Civil Procedure

Sunday, 5 May 2013, 18:17 | Category : Mediation, News
Tags :

Excerpts governing the practice of mediation in Bill 28, an Act to Establish a new Code of Civil Procedure, filed last week by Quebec Justice Minister Bertrand St-Arnaud, can be accessed by clicking on Bill 28 (excerpts).

The Network for a Transformative Approach to Conflict had submitted comments and recommendations, in French, on the mediation component of the Preliminary Bill, available by clicking Mémoire sur l’APL.

We welcome the government’s willingness to consider some of the recommendations that we and others had made in relation to the Preliminary Bill, including discarding former article 607 which would have imposed interest-based negotiation, and scaling back some aspects of the formal framework governing the practice of mediation which we found too restrictive and excluding.

As might be expected in a process of this importance, there still remains work to be done to ensure that the present diversity of mediation practice, including transformative mediation, along with the public’s right to choose, be fully respected.

A delegation made up of Nathalie Croteau, Hélène Rouleau, Martha Shea, and John Peter Weldon have made presentations to the Ministry of Justice, the Quebec Bar, and IMAQ to ensure that present and future diversity of mediation practice not be restricted by the new Code of Civil Procedure.

The team is currently in the process of analyzing Bill 28 with a view to making recommendations to further modify the proposed Code. We invite your comments and suggestions to help guide us in the upcoming round of consultations. You may contact the Network by email at

Leave a comment