C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims

Section 22 Disposition versions

2023-11-23

22. A party may be exempted, at the party’s request, from participating in the mandatory mediation where serious grounds justify the exemption, including

(1)  the existence of an order preventing one party from being in the presence of another party or from communicating with them;

(2)  the fact that mediation may not be held at a distance and therefore travel expenses for the party’s participation in the mediation session exceed the probable advantages; and

(3)  the fact that the parties have already participated in a mediation session for the same dispute, attested in writing by the mediator or by a body offering mediation in civil matters.

In the case referred to subparagraph 1 of the first paragraph, the case is referred to the court. In other cases, the case is referred to the arbitration at no cost provided for in this Regulation. The court clerk informs the parties.

O.C. 1598-2023, s. 22.

Not in force

In force: 2023-11-23

22. A party may be exempted, at the party’s request, from participating in the mandatory mediation where serious grounds justify the exemption, including

(1)  the existence of an order preventing one party from being in the presence of another party or from communicating with them;

(2)  the fact that mediation may not be held at a distance and therefore travel expenses for the party’s participation in the mediation session exceed the probable advantages; and

(3)  the fact that the parties have already participated in a mediation session for the same dispute, attested in writing by the mediator or by a body offering mediation in civil matters.

In the case referred to subparagraph 1 of the first paragraph, the case is referred to the court. In other cases, the case is referred to the arbitration at no cost provided for in this Regulation. The court clerk informs the parties.

O.C. 1598-2023, s. 22.