You Can Negotiate Remedies

The Montreal Gazette
June 9, 2011

Louise Otil implemented a voluntary judicial mediation programs while sitting as a judge at the Quebec Court of Appeal. This program offered litigants the possibility of meeting with a judge to resolve their commercial, civil, or family dispute at the appellate level-the first of its kind in North America.

While a judge must apply the law, a “judge mediator” can discuss option with parties about possible solutions. Otis said, “I really think that 90 per cent of all conflicts should be resolved through a useful dialogue, constructive dialogue well guided by a private mediator or a judge mediator. There are cases that have to be solved formally with a judgment, pillars of society like charters of rights and freedoms, but you can negotiate remedies and that is why I say 90 per cent of conflicts should be settled through mediation.”

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