7. Participation in a private dispute prevention and resolution process other than arbitration does not entail a waiver of the right to act before the courts. However, the parties may undertake not to exercise that right in connection with the dispute in the course of the process, unless it proves necessary for the preservation of their rights.
They may also agree to waive prescription already acquired and the benefit of time elapsed for prescription purposes or agree, in a signed document, to suspend prescription for the duration of the process. Prescription cannot, however, be suspended for more than six months.
If the parties exercise their right to act before the courts, the application then instituted in any matter other than a family matter is tried by preference provided it is accompanied by a certificate issued by a certified mediator or a body offering mediation in civil matters, and confirming that the parties resorted to a private dispute prevention and resolution process, or by evidence that the parties agreed to a pre-court protocol.
In the same matters, the application of the party who files with the court office a certificate confirming that they have gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic or sexual violence on the part of the other party is also tried by preference. That certificate is confidential.
The Minister determines, by regulation, the conditions to be met by a body which may issue a certificate attesting participation in a private dispute prevention and resolution process as well as the other cases where the application of a person who is a victim may be tried by preference and the applicable terms and conditions.
2014, c. 1, a. 7; 2023, c. 32023, c. 3, s. 21.