Civil Justice Reform and Mandatory Civil Mediation in Saskatchewan: Lessons from a Maturing Program
AbstractThis article examines the development of the civil court-connected mediation program in Saskatchewan. The program was evaluated by the authors following its first 10years of operation, using focus groups and interviews with lawyers, clients, mediators and judges across the province. The resulting data shows a broad level of satisfaction with the mediation program among clients and a growing acceptance by the Bar and the Bench. There is an interesting alignment of views between some lawyers and clients describing a desire for proactive (albeit non-evaluative) mediators. The authors go on to discuss possible program enhancements to promote greater flexibility in case referral type, timing and management and to further extend acceptance of the program. The authors conclude that the Saskatchewan program provides a good example of a "maturing" court-connected mediation program, demonstrating the importance of changes in attitudes and behaviours especially among lawyers if justice reform in the form of court-connected mediation is to have a lasting impact on the adversarial culture of the courts.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.