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Mediation over litigation

Thursday, March 31, 2016 @ 8:00 PM | By R. Aaron Rubinoff and John Siwiec

Quebec’s new Code of Civil Procedure came into force on Jan. 1. The Code is the culmination of widespread reform initiated 15 years ago by the Quebec government and brings many significant innovations in how civil litigation is conducted. Of particular note is the Code’s emphasis on alternative methods of dispute resolution.

The Code’s very first article provides that “[p]arties must consider private prevention and resolution processes before referring their dispute to the courts.” If a matter gets to court, the parties have to establish a...