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Effects of institutionalized culture of out-of-court settlement of labour disputes in Quebec on access to justice and effectiveness of labour law

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Article

Urbani, Errico ; Roux, Dominic ; Legault, Marie-Josée

Revue de droit comparé du travail et de la sécurite sociale

2014

3

74-83

dispute settlement ; labour dispute ; labour law

Canada

Law

English

"The effervescence of alternative dispute resolution (ADR) mechanisms is based on their capacity to resolve conflicts in a relatively more simple, rapid and cost effective manner than administrative and judicial courts. The data published by various government bodies overseeing the application of rules of public order in thefield of work in Quebec demonstrates that ADR mechanisms allow for the private settlement of a significant number of conflicts and that they are rooted in practice. However, the lack of empirical studies does not allow to determine whether the employees and employers perceive ADR mechanisms as favouring their access to justice and, also, whether these mechanisms strengthen the effectiveness of labour law."

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