C-25 - Code of Civil Procedure

Section 973 Disposition versions

2003-01-01

973. The clerk must inform the parties at the earliest opportunity that they may at no additional cost submit their dispute to mediation. If both parties consent, they may ask the clerk to refer them to the mediation service. The mediation session is presided by an advocate or a notary who is certified as a mediator by his or her professional order.

The mediator must file a report at the office of the court giving an account of the facts, the positions of the parties, the questions of law raised, the evidence the parties intend to file and the witnesses they propose to call at the hearing. However, no offers tendered or statements made by the parties in an effort to settle the dispute may be put in evidence at a hearing, except with the consent of the parties.

If the parties settle their dispute, they draft an agreement and sign it; they file a copy of the agreement, or a notice that the case has been settled, at the office of the court. If the agreement is filed, it is confirmed by the judge or the clerk and thereby becomes equivalent to a judgment.

1971, c. 86, s. 1; 2002, c. 7, s. 148.

1977-12-31

973. The judge must follow the rules of evidence and summarily instruct the parties thereon; he proceeds according to the procedure which seems best to him.

1971, c. 86, s. 1.