Mediation

Goal

The purpose of mediation is to find solutions by maximizing the participants' involvement, collaboration, and active participation in the process, since they are always in the best position to develop a plan that meets their needs and can be implemented in their daily lives. To do so, our accredited mediators help participants create the solution that will satisfy them by bringing a fresh and objective perspective to the situation and by encouraging new ways of communicating.

Benefits

In addition to avoiding lengthy court delays, excessive costs, and complex legal procedures, mediation is effective not only for resolving disputes, but also for preventing them. The process is also much more flexible than going to court because, rather than being required to apply the law strictly, participants can create a customized solution that addresses their needs and concerns. In short, as long as public order rules and everyone's rights and freedoms are respected, mediation gives participants significant decision-making power over the outcome of their dispute.

Role of the mediator

While helping participants identify the key points of the conflict between them, CHABOT lawyer-mediators promote dialogue and the exchange of information while respecting everyone involved. In a collaborative spirit, our mediators guide the parties in creating a solution that suits them by taking into account each person's opinions, needs, and expectations. They make sure, in particular, that participants have been able to express themselves freely and are satisfied with the outcome reached through the discussion.

Our mediators are not there to make decisions for you, but rather to provide objective and relevant resources to help you reach a solution that satisfies you while respecting the law.

Confidentiality

Statements made and documents shared or signed during mediation are strictly confidential and cannot be reused as evidence before a court. This measure is intended to encourage open discussion and create an atmosphere of trust and transparency in which everyone feels comfortable speaking freely.

Voluntary process

Mediation is a strictly voluntary process, which means no one can be forced to participate. Anyone who chooses to take part in a mediation session does so of their own free will and always retains the right to withdraw consent if they no longer wish to continue.

Code of conduct for mediation

Once all participants have voluntarily agreed to take part in mediation sessions, a code of conduct must be followed to ensure the process runs smoothly and remains constructive for everyone. In particular, participants must:

• Act in good faith
• Communicate transparently while remaining courteous
• Show respect toward the mediator and the other participants
• Collaborate and actively engage in finding a solution
• Listen attentively when it is not their turn to speak

Everyone benefits from following these rules, as they promote the development of a solution in a calm atmosphere and through healthy cooperation among participants.

Is suggesting mediation to the other party a sign of weakness?

A common misconception is that the person who suggests trying to resolve a dispute through mediation is implicitly admitting that their position is weak or that they are unable to defend it in court. That is not the case. Since 2016, the Civil Code of Procedure of Quebec has even made it mandatory to consider dispute prevention and resolution methods, such as mediation, before starting legal proceedings. It is therefore entirely normal and essential to consider mediation before going to court.

Moreover, inviting the other party to collaborate in mediation shows nothing more than a sincere desire to cooperate, avoid the burdens of court for everyone involved, and reach a solution that is even better suited to the individuals concerned. Taking the initiative does not suggest that your claims are illegitimate or legally unfounded. On the contrary, extending a hand in good faith reflects a thoughtful and constructive approach undertaken with everyone's interests in mind.