NCJ Number
94689
Date Published
1984
Length
13 pages
Annotation
The Chief Judge of the Provincial (State) Court of Quebec offers a proposal to make the arbitration process work better, suggesting the small claims route for those who are 'less equal.'
Abstract
The enabling legislation of this small claims division has as its model, and tries to emulate in practice, the old-fashioned labor arbitration proceedings of former days. The intention is that the small claims process be simple, quick, and cheap. The relevant provisions of the Code of Civil Procedure, which can readily and easily be inserted into a collective agreement, are as follows: a small claim is one in which the amount in issue is $800 or less and based on contract or on tort; lawyers are excluded from the hearing; the process is inquisitorial, not adversarial, the judge acting as lawyer for both parties; the judge acts as mediator in an effort to bring about a settlement of a dispute; where no settlement is reached, the judge renders judgment; the judgment is not subject to appeal or review; and the judgment does not have the force of precedent. Provision has been made for pretrial mediation where the parties agree to the process. Where a settlement is reached, and it is reached in over 75 percent of the cases, the file is closed and the matter settled. If mediation fails, the matter is referred to trial. Mediation still has served a useful purpose, because the mediator focuses upon and narrows the real issues and helps the parties prepare for trial. Small claims arbitration for small claims grievances eliminates the adversarial atmosphere of the courtroom, making mediation and settlement possible and probable.