Canadian Lawyer

CeNtRAL barreau launches mediation scheme for small businesses M ore than 200 Quebec lawyers have agreed to offer their services to small- and mediumsize businesses and individuals for set, reduced "package" rates as part of a pilot project to promote alternative dispute resolution. Under the program offered by the Barreau du Québec, individuals and businesses with 20 employees or less will be able to opt for affordable mediation to resolve any kind of civil or commercial litigation issue. Businesses with more than five employees are not eligible to turn to Quebec's small claims court, which rules on disputes involving $7,000 or less and requires petitioners to represent themselves. "We've seen from polls and consultations that people with claims of $25,000 or less often abandon them because taking court action costs more than the claim," says Dyane Perreault, the lawyer overseeing the new project at the barreau. Faced with court delays of three to four years, or challenged by the spectre of mounting legal fees, more and more people are trying to take matters into their own hands in their search for conflict resolution says Perreault, who heads up the barreau's professional development and support service department. "The barreau sees this project as an actual solution to the question of access to justice instead of just talking about the problem," says Perreault. "People want to know how much it [any claim] will cost. They don't want a Pandora's Box, especially when small amounts are involved." To set the pilot project in motion, the barreau first contacted the estimated 800 lawyers in Quebec who are accredited as mediators to see if they would agree to work on mediation cases involving claim amounts of $25,000 or less for a fixed fee. "To our surprise, about 97 per cent of them replied 'yes,' meaning they were willing to take on the financial risk of working without knowing the exact number of hours involved," says Perreault. To ensure fast service, the barreau responds to mediation requests within five days and exacted a promise that any lawyer vidual seeking recourse applies alone, a lawyer at the barreau contacts the opposing party to inquire if they want to participate in mediation. If the opposing party is not interested, the case is closed. Perreault says the barreau has successfully recruited lawyers accredited as mediators in all of Quebec's 15 judicial districts. It is promoting the pilot project through a series of television ads on a local business channel and has contacted "The barreau sees this project as an actual solution to the question of access to justice instead of just talking about the problem." DyANe PerreAuLt, BArreAu Du QuÉBeC taking on a mediation case through the project would agree to a first meeting with the parties within 30 days following an application. To participate in the program, businesses pay a $250 tax-deductible registration fee, and individuals pay $100. Applicants also agree to pay 10 per cent of the claim to the mediator if the matter is settled, up to a maximum of $1,000 for claims up to $10,000, and a ceiling of $2,500 for any claim valued between $10,000 and $25,000. The rates apply no matter how many sessions or hours of time are required and are payable only if there is resolution. People seeking resolution and the opposing party can file a claim together, as was the case of two parties that had a mediation clause in their contract and applied for the pilot project. If an indi- chambers of commerce and business associations throughout the province. A decision on whether or not to continue the program or possibly expand it will be taken after the pilot program concludes at the end of March next year, says Perreault. In the meantime, given that statistics are scarce, the barreau is gathering valuable intelligence on who is interested in mediation and for what kinds of claims. While agreeing to work for a package rate that could work out to less than the normal hourly rate for lawyers in some of the mediation cases, those accredited as mediators could benefit by building up a specialty practice with clients who might not otherwise seek out the help of a lawyer. — KAthryN Leger kathryn.leger@videotron.ca A DAily Blog of CAnADiAn legAl news PowereD By CAnADiAn lAwyer & lAw times [ www.canadianlawyermag.com/legalfeeds ] www.CANADIAN L a w ye r m a g . c o m M ay 2013 9

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