Mediation

Mediation is a conflict resolution process where a neutral and impartial third party, the mediator, helps the parties involved in the conflict to negotiate a satisfactory solution to their issues, the whole process being conducted respectfully and maintaining confidentiality. One of the objectives of the mediator is to reduce tensions between the parties in order to create a favorable environment for discussions instead of finding who’s at fault. The mediator has no decisional power and therefore does not impose any solution: the parties are the only ones responsible for their negotiated conclusions.

Advantages

The Process

  • is confidential;

  • is without prejudice to future judicial proceedings;

  • aims at the solution, not at finding fault;

  • involves the participants by allowing them to find the solution that suits them best instead of imposing it on them;

  • often allows avoiding lengthy, expensive, frustrating and sometimes non conclusive judicial proceedings.

The Mediator

  • has been specifically trained;

  • is independent and impartial, which creates a favorable environment for negotiating and makes the participants feel confident in the process.

A few examples of situations suitable for mediation

Civil and commercial mediation

Civil and commercial mediation is applicable to all cases where civil or commercial rights are at stake, namely, for example, when a dispute arises

  • from the interpretation or application of one or more contractual clauses;

  • from the interpretation or application of an internal rule or regulation;

  • from the implementation or application of what is reasonable accommodation;

  • between neighbors;

  • between business partners;

  • between health care professionals;

  • between franchisee and franchisor;

  • between sponsor and sponsored;

  • between buyer and seller;

  • between landlord and tenant.

Organizational / workplace mediation 

Organizational mediation or mediation in connection with the laws applicable to the workplace applies to all cases where a problematic situation arises in the context of work or in connection with the workplace. Here are some examples of situations where such mediation is recommended:

  • during a conflict between staff members;

  • during a disagreement or negotiation between union and management;

  • when terminating a job and negotiating a severance package;

  • during a conflict relating to the interpretation of internal policies, collective agreement clauses or work agreements;

  • when a complaint is filed by an employee;

  • during a dispute between members of the board of directors.

Sport mediation

Mediation in sports refers to the issues and conflicts that arise when the conflict in question involves an athlete, coach, official, organization working in the field of sport or one of its employees, volunteers or board members. administration. The types of conflicts found in this field are sometimes very similar to those found in the field of civil and commercial mediation or in organizational or workplace mediation, namely conflicts:

  • relating to the interpretation or application of internal rules or contractual clauses;

  • between staff members;

  • relating to the application or interpretation of sponsorship contracts;

  • relating to a complaint of harassment between members of a sports team or members of the staff of a sports organization.

in other cases, the disputes are more specific to the field of sport, such as:

  • selection of an athlete, coach or official on a team or for an event;

  • discipline of a member of a sports team;

  • related to the financial assistance available for members of sports teams (patent);

  • related to the eligibility of an athlete to participate in a sporting event; 

  • related to doping infractions.