Les modes de prevention et de reglement des differends [PRD]: Une forme de participation citoyenne?

Appropriate Dispute Resolution [ADR] methods are part of an evolution in our justice systems towards greater individual involvement. The Quebec Code of Civil Procedure, which has been in effect since January 1, 2016, encourages individuals to participate in resolving their own disputes and litigatio...

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Bibliographic Details
Published in:The Windsor yearbook of access to justice 2024-07, Vol.40, p.84-102
Main Author: Audrerie, Adeline
Format: Article
Language:eng ; fre
Subjects:
Citizen participation
Civil procedure
Disputes
Judicial power
Justice
Legal procedure
Litigation
Social justice
Online Access:Get full text
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Summary:Appropriate Dispute Resolution [ADR] methods are part of an evolution in our justice systems towards greater individual involvement. The Quebec Code of Civil Procedure, which has been in effect since January 1, 2016, encourages individuals to participate in resolving their own disputes and litigation. The concept of "participatory justice" heralded such a cultural shift long before the Code came into effect. This article aims to examine whether these ADR processes foster a form of "citizen participation" within the justice realm. The concept of participation is indeed at the heart of the development of ADRs. Over time, and with various actors involved in shaping these processes, diverse conceptions of participation have emerged, some deviating significantly from the citizen logic. After distinguishing between them, we propose exploring the extent to which research on citizen participation prompts a critical view of participative justice, notably by examining the ability of individuals to participate in resolving their disputes as well as questioning the growing instrumentalization of ADRs.
ISSN:0710-0841
DOI:10.22329/wyaj.v40.9068