The Nova Scotia Court of Appeal has teamed up with CBA Nova Scotia to support its Judicial Mediation Program. The Program offers parties judicial mediation in the hopes of resolving their dispute without a formal Court appeal hearing. Litigants have the opportunity to resolve their differences themselves under the guidance of a judge, which helps to avoid costly and time-consuming courtroom hearings.
Applicable Cases
The Program is voluntary and is available to those who have launched an appeal in a civil or family law dispute. It is particularly encouraged in cases where the parties will have a continuing relationship even after the litigation is over, such as the family, estate or the private corporation context.
The Program may also be of interest where the appeal deals with a discrete issue in the litigation, for example a trial judge’s finding on liability where quantum has not yet been assessed. If that liability finding is appealed, the mediation program would allow the parties to resolve all of the issues in the litigation.
The mediation program is not available for criminal cases, cases raising constitutional issues and any case where there are allegations of domestic violence.
Requirements
The mediation program requires the consent of all parties to an appeal. Once the parties request the mediation process, any filing deadlines and other appeal requirements will be suspended.
The Program is free, confidential and on a without prejudice basis. If the mediation process does not result in a settlement, the presiding mediation judge will not be on the panel that ultimately hears the appeal.
To Register
The CBA Nova Scotia maintains a list of lawyers interested in representing self-represented litigants on a pro bono basis during the mediation process. For further information, or to register your interest in taking part as a lawyer, please contact Larissa MacKinnon Executive Director.