Mediation

Legal conflicts between couples or businesses are appearing more and more before the Courts.  This has multiplied the impact both for the parties concerned as well as for the judicial system.  The delays and costs of a legal case can be very high.

Conscious of this problem, the legislator, in January 2016, has modified the Civil Code of Procedure in order to include alternative modes of conflict resolution.  The objective being, in particular, to relieve the strain on the judicial system and find less costly and more efficient means for the parties to settle their differences.

Henceforth, the parties must consider alternative means of settlement before having recourse to the Courts.

Chief among these alternatives is mediation.  Mediation aims at offering the parties a way to settle their conflict amicably with the help of a neutral third party, namely the Mediator.

Mediation is a structured process whereby two or more parties try to reach an agreement outside of the judicial process.  The mediator’s role is to promote and foster communication between the parties in order to help them find a solution in their mutual interest.

 At Lavin Gosselin Mediation Center, our accredited mediators offer these services in

Why choose mediation?

 Because the process is entirely flexible and voluntary

  1. Because you remain in control of the solution. Mediation offers freedom of consent to each of the parties.  It is the parties themselves who decide the settlement, and not a third party such as an arbitrator or a judge.
  2. Because you choose the mediator. The mediator must be independent, competent and have the confidence of all of the parties involved.
  3. Because mediation is a flexible process. The parties define, with the mediator, the terms of the mediation which can be adapted to various contexts.  It can achieved by phone or online, anywhere in Quebec or Canada.
  4. Because the process is confidential. The sessions are private and the parties undertake to keep the content of the exchanges and of the solution confidential.
  5. Because the process is quick and economical. The process is shorter and less risky than court proceedings, and the parties usually split the costs (unless otherwise agreed).
  6. Because certain legal or governmental insurance programs cover the fees of mediators.
  7. Because the process takes into account the reality of the relationship between the parties. Therefore the mediator can easily adapt so as to ensure that the parties may continue to deal with each other afterwards.
  8. Because you can be accompanied or not by your attorney. The mediation process can be activated at any time.  It can be entered into before or after you consult an attorney, before or after a legal case.  If mediation takes place within the judicial process, the agreement can as well be approved by a Court in order to give the agreement the same effect as a of judgment.
  9. Because the solutions are countless. They only depend on you, your thoughts and your creativity.

 Because there are many ways to resolve your conflict.

 Take a stab at doing it differently.  Try mediation.