Can notaries help you settle a dispute?

Since the new Code of Civil Procedure of Québec entered into force in 2016, parties in dispute must make use of dispute prevention and resolution methods. These include conciliation, mediation and arbitration, which require the presence of an impartial third party appointed by the persons involved.

Since the new Code of Civil Procedure of Québec entered into force in 2016, parties in dispute must make use of dispute prevention and resolution methods. These include conciliation, mediation and arbitration, which require the presence of an impartial third party appointed by the persons involved.

Notaries can play a central role in resolving a dispute, and can do so confidentially and more quickly than the courts.

For example, a mediating notary can help the parties identify acceptable solutions and compromises, thus avoiding the costs and delays associated with legal action. They can play a neutral role in order to facilitate discussions.

The parties may also decide to submit their dispute to an arbitrator in order to avoid the lengthy and costly process of going through the justice system. Arbitration differs from mediation as it leads to a binding decision by the arbitrator. Some contracts already stipulate the obligation of having disputes decided by an arbitrator, such as declarations of co-ownership.

Where applicable, the appointment of the mediating notary or the arbitrating notary is made by mutual agreement or according to the procedure provided for in the contract between the parties.

For more information, visit the Éducaloi website: https://educaloi.qc.ca/en/capsules/solving-problems-without-going-to-court/.