Laval courthouse first in Quebec to introduce mandatory mediation for small claims

Mediation mandatory for Quebec small claims court There is now mandatory mediation and arbitration for Quebecers seeking $5,000 or less in small claims court.

In a bid to reduce the backlog in Quebec's court system, the province announced new mandatory mediation and arbitration for Quebecers seeking claims of $5,000 or less in small claims court.

Since 2016, Quebecers have had the option to go through mediation for small claims cases, but it was not mandatory, until now.

The Laval courthouse was the first to put into place the new law, known as Bill 8.

If the mediation is not successful, the parties have the option to then go to arbitration and an arbitrator will decide the outcome. It's hoped that the mandatory mediation will bring down the average wait time of 22 months and the stress of waiting to appear before a judge to just three to nine months.

"All this is made to help people to get access to justice because in our system it's a very big problem," said Clarisse N'kaa, a lawyer with Option Consommateurs who has worked as a mediator, in an interview Thursday.

When the government tabled Bill 8, Justice Minister Simon Jolin-Barrette said 60 per cent of cases that went to mediation were already being settled that way.

For cases over $5,000, which have a 55 per cent success rate, the services of a mediator and arbitrator are also offered but not mandatory.