Mediation is a voluntary and flexible process and has the advantage of being held in a private and confidential environment. Given its flexibility, it can adapt to most if not all situations. The approach fosters taking into consideration the rights and obligations of each party, and to fully examine the needs, concerns and expectations of each party.
Very often, mediation serves as a discourse for the parties to clarify and arrive at a better understanding of their respective points of view. On this basis, it becomes possible to examine the various elements which could lead to a solution in the common interest of the parties.
Mediation allows also, when required, to go beyond the settlement of the differences which brought the parties to the table. It could contribute to maintaining relations between the parties and put in place steps to be taken in order to avoid future litigation.
In the context of a contract, all of these elements can be of great interest to the parties.
The use of civil and commercial mediation is an excellent way to attempt to settle differences, in particular in the following spheres::
- Insurance (responsibility, damages, coverage)
- Trade and commerce
- Construction (claims, negotiation of extras, extension of delays, end of work, hold-backs, liens, tender)
- Contracts (services, sales, purchase)
- Co-ownership (litigation between co-owners or with the co-owner syndicate)
- Malpractice (engineers, architects, lawyers, notaries, health professionals)
- Franchise (franchise contracts, rental, payment)
- Real Estate
- Litigation between shareholders
- Rental (commercial and residential lease)
- Family relations (other than divorce)
- Financial services
- Information technology
- Neighbours’ disputes
- Hidden defects or defective workmanship