1 Westmount Square, Suite 1001, Westmount1 Westmount Sq., QC H3Z 2P9(514) 989-1200(514) 940-0645 ccouturier@pubnix.net
Christian Couturier
Collaborative Lawyer and Certified Mediator

Conflict Resolution – Mediation – Collaborative Divorce
Collaborative Separation – Negotiation out of Court

Mediation: Tailor-Made Agreement

Civil Mediation And Commercial Mediation

In civil mediation and in commercial mediation the parties present the facts and the issues to the mediator who must be impartial. What is said in mediation is confidential. The pertinent documents are shared between the parties and given to the mediator. As a civil and commercial mediator, I act as a facilitator and I explore with the parties their interests, their needs, their concerns and their goals to stimulate options, to evaluate them and to study them in order to move gradually towards a win-win solution. An agreement is drafted and signed once the parties have agreed on the terms and conditions of their settlement. My experience as a legal negotiator serves me well in my mediation practice; I know both sides of the coin: going to court and settling out of court by mediating.

The parties’ lawyers may be present at the mediation table to advise their clients and to assist the mediator in his comprehension of the facts and the issues. As well, the lawyers may propose options to resolve the issues and thus contribute significantly to the settlement of the conflicts.

Whenever conflicts arise involving people with close family ties or business ties, mediation may be a very pertinent and useful process of negotiation to preserve and maintain the ongoing and future relationships. Such conflicts are seen in the following situations:

family members involved in the contested settlement of an estate or of a contested protection mandate in case of incapacity,

business partners without a shareholder agreement, and

interpretation of shareholder agreements.

Mediation may be also be an appropriate process to resolve conflicts resulting from:

  • Disputes between neighbors or neighborhood problems
  • Work or employment contracts
  • Termination of employment contracts
  • Dismissals
  • Sale contracts
  • Service contracts
  • Loan contracts
  • Business contracts
  • Franchise contracts
  • Unpaid accounts
  • Commercial leases
  • Insurance

Good reasons to choose civil or commercial mediation

To share information

To have private and confidential negotiations

To negotiate in the presence of the mediator

To benefit from the impartiality of the mediator

The mediator is a facilitator

To have a favorable framework for negotiation and settlement

To preserve and maintain the family ties

To preserve and maintain the business ties

You decide your own solutions, not the judge

For a win-win solution

To settle amicably

To have custom-made agreements

To avoid legal procedures

To minimize the legal costs

To reduce the court delays

Not having the stress of preparing to go to court and going to court