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Home > Business > Disputes > Why turn to civil mediation?

Why turn to civil mediation?

In the normal course of your business, a dispute may bring you into conflict with a client or supplier. Mediation is a form of conflict resolution that allows you to resolve this type of problem without having a third party decide for you. Mediation is a flexible and, above all, voluntary process that requires cooperation and good faith on both sides from the beginning. The aim of each party must be to reach a viable solution for everyone involved. The purpose of mediation is to re-establish communication and restore good relations between the parties. It can even help prevent subsequent conflicts.

Mediator's role
The role of the mediator is to guide and support the parties in their efforts to reach a mutually satisfying resolution of their dispute.

To accomplish this, the mediator first strives to create an atmosphere conducive to communication. Then the mediator gathers all the relevant information about the dispute to establish the needs and interests of each party. The mediator guides the discussions to bring about calm, productive exchanges that will inspire creative solutions.

The mediator does not represent either of the parties. A mediator must be neutral and impartial, offering neither advice nor a legal opinion on the subject of the dispute. The two parties are free at all times to request the opinion of a third party for their own benefit. The mediator's role is not to settle the dispute or impose a solution; it is up to the parties themselves to resolve the conflict.

The mediating notary
More and more notaries offer mediation services. The sooner their services are called on in a dispute, the easier it is to resolve the situation.

After confirming that the parties wish to submit their dispute to mediation, the mediating notary asks them to sign a mediation agreement. This clearly defines the mediator's role, the responsibilities of the parties, the mediation procedures, the confidential nature of the agreement and the fees.

Mediators have received specialized training and are required to meet strict standards of professional ethics. Thanks to their training and the duty of impartiality required of them under the law, notaries are the ideal mediators to help you negotiate a satisfactory and lasting agreement.

See the Civil Mediation Practice Guide (available in French only)