CIVIL AND COMMERCIAL MEDIATION

Why mediation?

Why resort to an experienced mediator?

How a mediation unfolds

Fees

Fast, economical and confidential, civil and commercial mediation is a process that is both rigorous and human. It gives the various parties and their attorneys a better knowledge of every aspect of a conflict and allows them to analyze it objectively in an effort to knowledgeably negotiate a settlement that satisfies their true interests.

This process is carried out without prejudice, with the help of an impartial third party who does not rule on the issue, but seeks to meet the needs of each of the parties by favouring productive discussions, helping each of them become aware of the tangible and intangible aspects of the conflict and facilitating negotiations.

 

Why mediation?

Each case carries its own inherent difficulties, based on its nature, complexity, stakes, the number of parties, the state of the parties’ relations or their emotional response to the conflict. Over the past decade, the integration of mediation to the legal practice has been shown, in many cases, to be more effective and satisfying than conflict settlement by a judge according to legal procedures and the rules of evidence.

In fact, mediation offers the advantage of a multidimensional approach to a dispute. Without discounting or minimizing the place of law and facts, it also addresses the dispute taking into account the material and human needs of the parties. This is a most harmonious process, as it is carried out without prejudice, in a human and confidential manner by a third party who does not rule on the issue but rather, seeks to meet the needs of each of the parties with regards to the conflict. The parties, along with their attorneys and the mediator are thus active participants in a structured process designed to provide all the tangible and intangible elements needed to analyze the conflict and resolve it in what they consider to be a fair and reasonable manner, thereby allowing them to ensure justice for themselves.

The power of mediation lies in the rich and varied elements it offers the parties and

their attorneys to analyze the conflict and control the outcome, i.e.: 

 

Why resort to an experienced mediator?

The best guarantee of a settlement lies in the mediator’s experience and his grasp of every component of the process. The plenary meeting, caucuses and negotiations are very different stages, but the richness of mediation resides in the combined virtues of each, which maximize the chances of settling disputes. An experienced mediator knows how to optimize each of the stages and adapt them to the specific nature of an individual case. Mediation is an art that requires strong process expertise, a good understanding of the nature of the dispute, as well as the interpersonal skills needed to deal with the delicate human aspects that often underlie a conflict and impede a settlement.

The time invested in mediation by the parties and their attorneys is substantial and their expectations of the process are considerable. It is to your advantage to maximize this investment by selecting an experienced mediator. An effective mediation leads to a settlement that can save substantial costs if no trial is required. Moreover, it has been shown that, when a settlement cannot be reached through mediation, the ensuing trial is generally much shorter, given the exchanges that have already taken place.

It should also be noted that the cost of a mediator is shared, on a prorated basis, among the parties involved. For example, 8 hours of mediation at my basic hourly rate will cost each party $1,000 if there are two, and only $666 if there are three. Cases where the hourly rate is higher generally involve several parties and the cost remains quite affordable to each of the parties, considering their number and the advantages of a mediator’s expertise.

 

How a mediation unfolds

1. The plenary

At this initial stage of the process, the mediator leads all parties and their attorneys in a structured and orderly discussion of the issues surrounding the dispute. This discussion allows each of the parties to present and explain their claims. It also informs them of the claims of others, without having to agree with them.

Resolving a dispute requires, among other things, a good understanding of the issues dividing the parties, their perceptions, and all of the information relating to the dispute. In a matter of hours, the live, synergetic discussion that takes place at the plenary stage provides an in-depth understanding of the dispute, which the sterility of the written file or examinations cannot provide. What’s more, all participants receive, simultaneously and in real time, common information on all of the elements involved in the dispute without any risks. Indeed, only at the trial stage, whose consequences we are well aware of, will an opportunity to obtain such complete information arise again. Finally, it is often during the course of the plenary meeting that the parties learn facts or details of which they had been unaware, and which will enable them to better analyze the case and settle it.

Resolving a dispute also requires that the parties involved have a real opportunity to present their point of view and be heard by an impartial third party who can reformulate the position of each, allowing the debate to move forward. One of the objectives targeted by the plenary meeting is to allow each of the parties to have their say, giving them their proverbial “day in court”.

2. Caucuses

The caucus is one of the mediator’s invaluable tools. It allows him to address all topics he deems pertinent, comfortably and confidentially, with each of the parties. The mediator’s experience and judgment play a key role at this stage of the process. He will hold a discussion dealing with elements arising from the plenary, gathering additional information or impressions from the parties. While respecting their points of view, he will then share with them his own impressions deriving from the plenary session and provide the feedback needed for a clearer analysis of the case, allowing them to move forward.

The mediator will then be required to subtly highlight the interests of the parties, that is, the underlying needs, which must be met in order to reach a settlement. These needs can be substantive, financial, psychological, ideological, or procedural. They are often intangible and the parties actually involved in the dispute may not be fully aware of them. An experienced mediator can bring these out and help transform them into solutions.

An experienced mediator is trained to deal just as comfortably with issues relating to the merits of the case as those that involve emotions and the personal or interpersonal difficulties of the parties involved in the dispute. The mediator does not judge the needs of the parties. Rather, he validates them and ensures that the parties seek satisfaction within the context or limitations of the dispute.

In seeking to satisfy the underlying needs of the parties, without judging them, the mediator brings about a harmonization of the dispute and facilitates a settlement. Feeling that they are involved in a helpful process, the parties are motivated to find solutions to the dispute.

 

3. The negociation

Difficult negotiations are part of any mediation. The information gathered in the plenary meeting and the work done in caucuses provide the basis for these negotiations. The mediator does not negotiate for the parties. Rather, it is the parties or, more specifically, their lawyers, who play an active role in this area, choosing their negotiation strategies and exchanging offers. The mediator is aware that none of the parties will feel that they have done their cause justice unless they have first engaged in strenuous negotiations.

The role of the mediator is to encourage negotiations on both sides of the issue, and help the parties in caucus to analyze the offers tabled. He can find avenues for bringing the parties closer, based on the information gathered in the plenary meeting and in caucus, or on his understanding of the true interests of the parties. He introduces his objectivity, judgment and creativity into the process, to unblock impasses and find solutions. He helps the parties conduct reality checks or let go of certain difficult aspects while respecting and encouraging them to reclaim their power and master every facet of the dispute.

The attention he brings to the information received along with his impartiality and perseverance in helping the parties will enable him to intervene in a pertinent manner in negotiations, and help steer the parties towards the most satisfying resolution to their dispute.

Fees

The hourly rate is progressive, based on the amount involved in the dispute, in an effort to make mediation as affordable as possible:

 

No cancellation or adjournment charges

No charges for the use of the Mediation Sophilex Centre