本文发表在 rolia.net 枫下论坛The Trend Towards the Mandatory Mediation of Family Law Disputes in Ontario
Mediation is one aspect of the larger movement entitled "alternative dispute resolution" or ADR. ADR is a system of dispute resolution in which traditional legal problems are resolved outside the adversarial justice system. Proponents of ADR claim that it remedies the ills of the traditional system, as well as offering benefits that are unique unto itself. Mediation is the primary and most widely offered form of ADR. It is characterized as an informal, voluntary method for disputing parties, with roughly equal bargaining power, to reach their own solution through agreement. Mediation is focused on three main concepts: the neutrality of the mediator, the voluntariness of the process, and equality of bargaining power between the parties.
For the past decade there has been a trend in Canada towards incorporating mediation into the traditional family justice system. Federally, the trend is marked by legislation, as well as the recent report entitled For the Sake of the Children issued by the Joint Committee on Child Custody and Access. In Ontario, mediation has gained recognition in legislation and through various pilot projects throughout the province. The recent move in Quebec to legislate regarding pre-hearing mandatory mediation in most family disputes signals a new era for ADR, and will likely have a significant impact on the decision in Ontario of whether or not to make mediation mandatory.
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Mediation is one aspect of the larger movement entitled "alternative dispute resolution" or ADR. ADR is a system of dispute resolution in which traditional legal problems are resolved outside the adversarial justice system. Proponents of ADR claim that it remedies the ills of the traditional system, as well as offering benefits that are unique unto itself. Mediation is the primary and most widely offered form of ADR. It is characterized as an informal, voluntary method for disputing parties, with roughly equal bargaining power, to reach their own solution through agreement. Mediation is focused on three main concepts: the neutrality of the mediator, the voluntariness of the process, and equality of bargaining power between the parties.
For the past decade there has been a trend in Canada towards incorporating mediation into the traditional family justice system. Federally, the trend is marked by legislation, as well as the recent report entitled For the Sake of the Children issued by the Joint Committee on Child Custody and Access. In Ontario, mediation has gained recognition in legislation and through various pilot projects throughout the province. The recent move in Quebec to legislate regarding pre-hearing mandatory mediation in most family disputes signals a new era for ADR, and will likely have a significant impact on the decision in Ontario of whether or not to make mediation mandatory.
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