What is mediation ? Resolving a conflict without going to court — it’s possible, and it’s often much simpler than you might think.
WHO CAN ACCESS MEDIATION ?
Whether it’s a neighbour dispute, a workplace conflict, a separation, or a commercial agreement, conflicts are a part of life. But resolving them through the courts can be expensive, take years… and leave everyone exhausted.
That's where mediation comes in: a concrete, fast, and human alternative to the legal system, available to any party acting in good faith who wishes to resolve a conflict outside the stress of a courtroom. Anyone can use the mediation process, which begins without formality as soon as both parties mutually agree to engage in it. Ref.: art. 608 C.C.P.
WHO IS THE MEDIATOR?
The mediator is not a judge, nor are they there to decide. Their role is primarily that of a guide who listens to the parties, identifies each person’s needs and interests, and clarifies perspectives in order to reach a mutually satisfying agreement. Ref.: art. 605 C.C.P.
Outside of a family mediation context, where the mediator must meet the requirements of the Regulation respecting family mediation, the mediator can be anyone with relevant expertise in the area in dispute and who is accredited by an organization recognized by the Ministry of Justice. They are often a lawyer or notary, but may also be an accountant, architect, engineer, or human resources professional.
In all cases, their role is to use their expertise to guide the parties toward an informed decision in light of the law and their particular situation.
HOW DOES MEDIATION WORK ?
- Opening: The mediator explains, in the presence of the parties, their role, the rules governing the process, and confidentiality (art. 609 C.C.P.). Each party then presents their version of the facts directly to the other, without any particular order, value judgment, or criticism.
- Exploring the issues: The mediator helps distinguish each party’s positions from their underlying interests, meeting with them separately in caucus. They also identify points of agreement and disagreement, with the aim of surfacing mutually satisfying solutions and compromises.
- Negotiation and solution-finding: The parties propose options, evaluate them together, and make compromises. The mediator reframes, reformulates, and defuses tensions. They do not propose solutions themselves, but may ask strategic questions: “What would be acceptable to you if the other party agreed to X?”
- Drafting the agreement: If an agreement is reached, it is put in writing during or shortly after the session. The agreement is then legally binding.
HOW MEDIATION ENDS
Mediation ends in one of three ways:
- The parties reach an agreement: A notice is sent to the court and the agreement is filed with the clerk’s office. It then has the effect of a judgment. (art. 556 C.C.P.)
- One party withdraws: They are not required to disclose their reasons for doing so. (art. 614 para. 1 C.C.P.)
- The mediator brings it to a close: If they believe the process is unlikely to succeed or may cause harm to a party. (art. 614 para. 2 C.C.P.)
In situations where mediation does not result in an agreement, the evidence exchanged cannot be submitted to a court, unless both parties agree otherwise (art. 607.1 para. 2 C.C.P.). The mediator cannot be compelled to disclose information shared with them, nor to produce any document prepared in the course of the process (art. 606 para. 1 C.C.P.).
EFFECT OF THE AGREEMENT
The agreement has the effect of a judgment. It is called a transaction within the meaning of the Civil Code (art. 2631 C.C.Q.) and has the authority of res judicata between the parties. To be enforceable against all, it must be homologated by the court — it is then subject to forced execution (art. 2633 C.c.Q.).
In practical terms, if one wishes to proceed with a seizure pursuant to the agreement, homologation is required for it to be legitimate in the eyes of the bailiff.
MEDIATION OR COURT: MAKING THE RIGHT CHOICE
Mediation is not a universal solution — but it is often the most accessible. When both parties are acting in good faith and want to resolve their dispute effectively, mediation offers what the court cannot: speed, confidentiality, and above all, a solution that you chose together.
| Mediation | Court | |
| Cost | Several hundred to a few thousand dollars | $10,000 to $50,000+ |
| Duration | A single day | 1 to 5 years |
| Decision | Chosen by the parties | Imposed by a judge |
| Confidentiality | Absolute | Public hearing |
| Relationship preserved | Often yes | Rarely |
WHERE TO START ?
FISET Légal is a firm specializing in condominium and real estate law, with lawyers accredited in mediation and arbitration. We have the expertise to assess your situation and guide you toward the optimal solution — fast, confidential, and in your best interests.
Mediation is not a concession — it’s an intelligent choice. Resolving a conflict quickly, privately, and at a lower cost: it’s often simpler than you might think.