Civil and commercial mediation

1. Establishing the mandate

The parties jointly give a professional mandate to the mediator, who can then intervene in the file and review the relevant facts. At the same time, the mediator explains the mediation process and the role they will play.

2. Review of documents

If participants have relevant documents that may enrich discussions and facilitate settlement, they should provide them to the mediator for review.

3. Pre-mediation

Each participant may have an individual pre-mediation session with the mediator. The objective is to help the mediator understand all issues surrounding the dispute, such as events that occurred, emotions involved, and each person's expectations, needs, and concerns. This helps the mediator facilitate settlement more effectively.

4. Mediation

During this meeting with all parties and the mediator present, the goal is to review the facts surrounding the dispute, identify the issues to address, and establish a structure for productive discussions. In open, transparent, and respectful exchanges, each participant can express their perspective, concerns, expectations, emotions, and questions. The mediator maintains harmony in discussions and ensures everyone has an opportunity to speak.

At any point, if requested by a party or deemed appropriate by the mediator, a caucus may be held. This allows the mediator to speak privately with one party, while informing the other that a caucus is taking place, to request clarifications or for any other legitimate reason.

Our objective is that, throughout the process, participants leave our offices feeling heard, understood, and acknowledged by one another. The dialogue phase may require more than one session depending on the needs and complexity of the situation.

5. Assessment of options and alternatives

Once the dispute issues have been discussed, each participant shares ideas and solution paths. The mediator may intervene to encourage creativity without imposing a solution. The parties then choose the option that best fits their constraints, relevant considerations, and personal preferences.

6. Mediation outcome

a) Written agreement
If the parties reach an agreement by selecting a mutually satisfactory solution, the mediator drafts a summary of the agreement. At this stage, the mediator ensures that the chosen solution respects each person's rights and freedoms, as well as public order. Participants may choose to rely on this summary, which is a contract signed by them, and perform it in good faith even though it does not yet have judgment force. They may also choose to have the document homologated by a judge, giving the agreement the force of a judgment. In that case, if one party fails to comply, the other may seek court enforcement.

b) No written agreement
If participants do not reach an agreement at the end of mediation, they may choose to initiate legal proceedings. However, they remain free to change course and attempt mediation again later. Keep in mind that information exchanged in mediation remains confidential and cannot be presented in court if legal proceedings are pursued.