Contribution to Access to Justice in BC

Access to Justice BC (“A2JBC”), a network of justice system stakeholders formed in response to the call for action from the national Action Committee on Access to Justice in Civil and Family Matters (“NAC”). Mediate BC has contributed greatly over the years to two main aspects of access to justice: early resolution of disputes and justice innovations.

Mediation and other conflict resolution processes are critical in all stages of prevention, triage and referral.  Expertise in conflict management should be interwoven into all aspects of this work.  Conflict specialists add considerable value “upstream” in two key contexts: in the early prevention phases of a dispute, by helping people to select the “right” process to help to resolve their dispute; and in the case of ongoing or enduring conflict, by helping people to manage or engage in conflict in constructive ways.[1] This early intervention allows most people to resolve their disputes before getting to court.[2]

Mediate BC has long-standing expertise to support early intervention by providing information, triage and referral services to the public, as well as numerous specific justice innovation projects.

Mediation and other routes to early resolution are now embedded in BC public policy and the justice system, as evidenced by the Civil Resolution Tribunal and the Victoria Early Resolution and Case Management Model process (effective May 13, 2019 for family law matters in Provincial Court in Victoria).  We are now at a pivotal point in time to build on the momentum for greater access to justice.

 

[1] Bernie Mayer, Staying with Conflict - A Strategic Approach to Ongoing Disputes, 1st edition, John Wiley & Sons, Inc. (2009).

[2] See National Action Committee on Access to Justice in Civil and Family Matters, Prevention, Triage and Referral Working Group report, Responding Early, Responding Well: Access to Justice through the Early Resolution Services Sector (2013).

 

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