Alternative methods for resolving disputes and conflicts
There are means of resolving litigious situations without resorting to legal proceedings or having to appear in Court. These means are alternative methods of resolving disputes and conflicts through mediation, conciliation, and arbitration.
Mediation to resolve civil and commercial disputes
Our founder, Me Anne-Marie Jutras, has been an accredited civil and commercial mediator for more than a decade. As an experienced lawyer in civil and commercial litigation, she can quickly grasp the critical issues and stakes in each case. Our practical sense and in-depth knowledge of the legal process enable us to guide both parties toward a fair and reasonable settlement – as long as both parties are open to the process, of course, and if they both agree to choose us as the mediator. Even clients who call on us for representation or for advice regarding a litigious situation may find it beneficial to consider mediation as a solution. We can guide them through the mediation or conciliation process as a whole, from beginning to end.For an overview of the differences between private mediation and settlement conference (in French), please click here.
From the courtroom to conciliation: the settlement conference
Most cases are settled out of Court; however, the parties sometimes require assistance from a third party to resolve their dispute. Given the costs and delays associated with legal proceedings, most of the time, it is best to reach a settlement as promptly as possible. In the course of legal proceedings, we can present a request for a settlement conference at which the judge will act as a conciliator to help the parties and their attorney reach a mutual agreement and avoid a hearing. This process is entirely confidential and, therefore, not prejudicial to the parties if they fail to settle this dispute and continue the legal proceedings before the Court.
Arbitration: an alternative to the Court
Arbitration is also an option to consider, especially with regard to business litigation since it is conducted in complete confidentiality (except in case of arbitration with respect to new home warranty plan program). Furthermore, arbitration is often a more flexible and less costly process than legal proceedings. For all of these reasons, many commercial contracts stipulate the use of arbitration in case of dispute. However, the arbitrator’s decision is final and cannot be reviewed by a judge (unless exceptional circumstances exist). We can help our client determine which dispute-resolution is the most appropriate for his case. Whatever alternative method of resolving disputes is chosen, we can represent you throughout the process.
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You believe in the virtues of the communication? We do too. Our skills of negotiators and our sense of active listening will help you resolve the conflict.
Here are some advantages of the mediation and conciliation process: • The process is confidential and the discussion are made “without prejudice”. • The solution comes from the parties and not from a third party. • No decision is imposed on the parties, on the contrary, the solution comes from an agreement between them. • The parties are at the heart of the decision.
MEDIATION IN CIVIL AND COMMERCIAL MATTERS :
To learn more about the advantages of the mediation process in civil and commercial matters, we invite you to visit the Ministry of Justice about civil mediation.
SETTLEMENT CONFERENCE :
To learn more about the advantages of the settlement conference, we invite you to visit these pages : Court of Quebec’s website on settlement conference: Court of Quebec on settlement conference in civil matters Court of Quebec on the rules of the settlement conference in civil matters Superior Court’s website on settlement conference: Provisions of the Civil Code of procedure related to the settlement conference FAQ concerning the settlement conference To consult the confidential agreement that has to be signed by the parties in view of a settlement conference, please click here.