When Is Mediation Mandatory? A Comparative Analysis Of Mandatory Mediation Across Canada

Trials are expensive.  The costs associated with litigating a matter to trial can sometimes outweigh the potential reward being sought.  Justice is not cheap, but there are alternatives for a resolution when the parties are reasonable and realistic. 

The Supreme Court of Canada has recognized the need for a culture shift in order to create an environment that promotes timely and affordable access to the civil justice system.  The court  has stated that: 

"while going to trial has long been seen as a last resort, other dispute resolution mechanisms such as mediation and settlement are more likely to produce fair and just results when adjudication remains a realistic alternative.¹"