It is trite to say that a resolution, mutually arrived at, is always a better result than one imposed by a third party, albeit an independent and impartial third party, such as the courts. That is not to say that the courts are not here to serve the public. But unless there are intractable legal or factual issues to be determined, the clients can usually be best served by a less time-consuming and therefore less costly process than litigation. During 1997, there were a number of initiatives undertaken by the court, the Ministry of the Attorney General and the bar. Civil cases commenced in Ottawa now proceed under case management, a component of which is court-connected but private mediation.
Mediation occurs shortly after a statement of defence has been filed.
The results of that project have been outstanding. The fast track cases are being heard well within 6 months of a defence being filed. Most of the standard track cases filed in 1997 have either been heard or have trial dates fixed. There are those who question the introduction of private mediation within the court process. I appreciate that concern.