JBM denounces inadequate rates for mediators

Montreal, November 9, 2023 - The Young Bar Association of Montreal (hereinafter " the JBM ") notes the coming into force of the Règlement sur la méand deplores the lack of sufficient means to adequately remunerate mediators.trice.s and arbitrators of the Court of Quebec, Small Claims Division.

As part of the special consultations and public hearings on Bill 8, An Act to improve the efficiency and accessibility of justice, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec, the JBM submitted a brief outlining its concerns and recommendations regarding the amendments to the Code of Civil Procedure.The JBM submitted a brief outlining its concerns and recommendations regarding the Bill's amendments to the Code of Civil Procedure. In particular, the JBM argued that mandatory mediation, under certain conditions, did not solve the problem of mediators' involvement in small claims cases, not because of a shortage of professionals, but rather because of a lack of adequate resources to attract them.

At the time of filing, mediator fees were set at $114/hour. The Règlement sur la médiation des demandes relatives à des petites créances, which provides for indexation on April¹ of each year according to the rate of increase in the general consumer price index for Canada, has since raised the threshold to $130/hour. While we fully support this indexation, we consider it to be clearly insufficient to adequately remunerate mediators. Such a low rate could discourage the participation of current and potential mediators, thereby compromising the law's objective of improving access to justice through, among other things, mediation and arbitration. We firmly believe that fair and reasonable fees are essential to attract and retain a sufficient number of mediators, thereby contributing to improved access to justice.

The JBM recognizes the efforts of the Minister of Justice to improve access to justice in Quebec. However, we insist on the need to allocate sufficient funds and establish appropriate fees so that this initiative can fully achieve its objectives.

About JBM

Founded in 1898, the JBM brings together lawyers practicing in Montreal for ten years or less, with over 6,000 members. This makes it one of the largest associations of young lawyers in the world, in terms of numbers for a single city. Its mission is twofold. On the one hand, it defends and promotes the interests of its members. On the other, it provides pro bono legal advice and information to various segments of the population, and organizes charitable activities. Overall, it aims to improve access to justice and contribute to the collective well-being. As such, in August 2021, the JBM was awarded the Lieutenant-Governor's Medal for Exceptional Merit, "in recognition of the remarkable dynamism demonstrated by its members in the ongoing pursuit of collective well-being". To find out more about our initiatives for the public, visit the Public Services section of our website: http: //ajbm.qc.ca.

Information and interviews:

Adam Alaoui | 514 954-6936 | aalaoui@ajbm.qc.ca |

Communications and Public Relations Manager

Young Bar Association of Montreal