Conflict Resolution – Family Mediation – Family Mediation at Distance – Civil and Commercial Mediation
– Collaborative Divorce – Collaborative Separation – Negotiation out of Court
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