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Home > Business > Disputes > Why turn to arbitration in the event of a civil dispute?

Why turn to arbitration in the event of a civil dispute?

Arbitration is a form of conflict resolution recognized under the Civil Code of Québec. Experience has shown that arbitration is an efficient way to settle disputes of all kinds (with the exception of family-related matters and questions of public order or the capacity of persons).

Civil and commercial arbitration allows you to avoid going to court and achieve a rapid, confidential settlement that respects your rights. It usually takes only a few months or even weeks to receive the decision.

The cost of arbitration depends on the complexity of the case and the length of the process. It can be shared between the two parties by mutual agreement. Otherwise, the arbitrator will determine the division of costs.

Arbitration agreement
The parties to a contract can include a clause stating that any disputes that arise in connection with the contract will be submitted to arbitration. The parties may then invoke the provisions of this "arbitration clause" in the event of a dispute.

Some notaries have been trained to serve as arbitrators. They can prepare arbitration agreements under which disputes can be submitted to arbitration in accordance with the agreed terms and procedure.

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