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Mediation

What is it?

Mediation allows for a dialogue between a merchant and a consumer who disagree on a given question. This process, which takes place with the help of a mediator, often makes it possible to arrive at an agreement, sometimes even to re-establish or improve a relationship.

Why should I choose mediation to resolve my dispute?

Contrary to the decision of a judge, mediation gives you the opportunity to have control over the outcome of your file. If mediation fails, the parties have the possibility of recourse before the courts.

More than 96 % of participants in the mediation project that takes place in Montreal small claims court recommend this process, whether or not they were able to resolve their case. They found that the mediation session clarified many things for both parties.

 

Does the law encourage mediation?

By virtue of the new code of civil procedure, the parties must consider recourse to private modes of prevention and dispute resolution (of which mediation is a part of) before addressing the courts.

Several mediation initiatives were put in place to give people the chance to benefit from this service. In the small claims court, there are actually two mandatory mediation projects between merchants and consumers, one in the district of Terrebonne, and the other in the district of Gatineau.

 

As a merchant, should I worry about the reputation of my business?

Mediation is a confidential process. The settlement arrived at between the consumer and the merchant is not made public (unless the two parties wish it to be so), so this reduces the risk that your reputation will be tarnished.

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