Conflict / Dispute Mediation

Mediation, what exactly is that?

A dialogue process assisted by a neutral and impartial third party (mediator) whose aim it is to help two or more people experiencing a conflict to constructively dialogue with each other so that they may themselves define a mutually acceptable agreement that resolves their own dispute

Mediation is a process that is:

Voluntary (you can choose to withdraw from the process at any time)
Confidential
Allows you to retain the power to together define your own mutually acceptable agreement (the mediator has no decision power with regards to the content of your eventual agreement)
Allows you to retain your right to choose to act through the court system should you not reach an agreement

Who can call upon mediation?

Businesses / Organisations

Business partners

Individuals*

Depending on the given circumstances, the service is offered remotely (video/tele-conference), in person, and/or according to a remote / in person combination

*The mediation service offered EXCLUDES divorce and child custody cases
*The mediation service offered EXCLUDES disputes that are criminal/penal in nature

Examples of disputes

Workplace conflicts (between employees, managers, etc.)
Conflicts between business partners and/or associates
Conflicts with a client and/or supplier
Conflicts between tenants
Neighborhood conflicts
Conflicts between friends and/or acquaintances

Voluntary

Participation in a mediation process is made on an entirely voluntary basis

As a participant, you can also choose to withdraw from the process at any time, without the need to justify your decision

Confidential

What is said/written/done within a mediation process is confidential and cannot be used outside of the boundaries of the process

For this purpose, a participation agreement (protocol of engagement) is signed by all parties prior to the start of the mediation dialogue

Self-determination

You retain the decisional power to reach or not a mutually acceptable agreement

The mediator is neutral and impartial. He/She does not make decisions for the participating parties and does not offer any legal advice. Contrary to a judge or abitrator, the mediator does not render a judgment / verdict / decision

Safe

The mediator takes care of the process and discussion rules so as to allow for a constructive dialogue to take place

You can also choose to be accompanied by someone you trust if you so wish

Why call upon mediation?

How much does a destructive conflict actually cost you?

Human costs (relational and psychological)

Monetary costs

Time invested

Opportunity costs (present and future)

Reputational costs

Impacts on compliance with labor standards

Collateral damages (work atmosphere, motivation/creativity, productivity, impacts of the conflict on your mood and hence on the people that matter to you, etc.)

Benefits

Speed

Depending on the given circumstances, a few effective days of constructive dialogue could be sufficient for the participating parties to reach a mutually acceptable agreement

Adapted Solutions

Possibility of resolving the dispute in a manner that best suits you, by yourselves defining the mutually acceptable solutions for your given dispute

Satisfactory and lasting agreement

If an agreement is reached, you will have together established the mutually acceptable agreement, and hence you will be more inclined to properly implement it

Preservation of links

Mediation fosters maintaining relationships / respectful exchanges before/during/after the process

Flexible

In order to create the conditions for a constructive dialogue, the course of the process is adjusted according to the particular circumstances (place, schedule, rhythm of the exchanges (frequency, duration), etc.)

Proportionality

Proportionality between the costs incurred / time invested in the process, and the nature of the dispute. The mediator's fees and charges are shared between the parties (or assumed by their employer in the case of a workplace conflict)

Confidentiality of information

Information exchanged during the process is confidential. This, in order to create the conditions for an honest and constructive dialogue

Written understanding

If an agreement is reached, the terms of settlement will be listed in a mediation summary

Mediation - A true complement to the court system

Civil justice in Quebec is in renewal in order to "provide, in the public interest, means to prevent and resolve disputes and avoid litigation through appropriate, efficient and fair-minded processes that encourage the persons involved to play an active role" Code of civil procedure of Quebec, (preliminary provision) .

Hence, since January 2016, the Code of civil procedure of Quebec, (article 1) establishes that " parties must consider private prevention and resolution processes before referring their dispute to the courts ". Mediation is one such process.

You mutually have the capacity to choose to resolve your dispute in a constructive and mutually satisfactory manner.

Mediation Process

A brief overview

1) Information Request

Businesses / Organisations :

Initial conversation to understand your needs
Overview of mediation principles, rules, and roles
Verify your desire to continue or not with the process
Development and approval of the service agreement

Individuals :

Preliminary exchange to understand your needs and answer questions
Obtaining your contact details for the initial contact with the mediator

2) Initial Contact

A telephone conversation lasting +/- 40 min between the mediator and each of the parties involved (separate calls, one party at a time) in order to :

Allow you to share the very broad outlines of the situation
Detail the principles, rules, roles of the mediation process
Consider your options according to your circumstances and your aims
Allow you to decide whether or not you wish to engage in the mediation process

3) Signing the Mediation Protocol of Engagement

Signing an agreement with regards to respecting the rules of the mediation process. This, in order to facilitate a constructive dialogue. Amongst other things, the agreement covers:

Confidentiality of exchanges
Voluntary nature of participation
Roles of the mediator and of the parties
Rules and principles of participation

4) Pre-Mediation Meetings

Meetings between the mediator and participating parties (separately) in order to prepare for the joint mediation sessions:

Allow you to share in detail your experience / situation
Explore in detail your needs and interests
Explore any potential worries you might have
Allow you to feel ready for your dialogue with the other party

5) Mediation Meetings

Several mediation meetings between the parties involved in the dispute in the presence of the mediator. The mediation process generally takes place in four phases:

A) Exchanging about your respective experiences of the events
B) Exploring the needs and interests of each participant
C) Generating potential solution options
D) Evaluating the different options with the aim of reaching a mutually acceptable agreement*

The mediator will help you to:

Dialogue constructively,
Clarify your points of views,
Define the issues in dispute,
Identify your needs and interests,
Explore potential solutions,
Reach, if possible, a mutually satisfactory agreement

*Note: the mediation process may or may not result in an agreement

6) Written Understanding

If an agreement is reached by the participating parties following the dialogue :

Drafting and signing of the mediation summary (a summary of the ways in which all participating parties have mutually agreed to resolve their dispute)

Personally experiencing a destructive dispute first hand... is not fun

Imagine for a second that you are in a conflict with someone else.
• How much time do you spend in a given week thinking about the conflict?
• What is the impact of these thoughts on your emotions, on your mood, and hence on your human relationships with the people in your life?
• What are the chances that these thoughts will magically disappear all by themselves?

Let's suppose for a second that you find yourself in front of the person you are in conflict with.
• What are the chances that you will feel listened to?
• What are the chances that the other person will try to convince you that they are right and that you are wrong?
• And what are the chances that you will adopt exactly the same behavior towards that person?

Being in a conflict that becomes destructive is not enjoyable. When we are involved in a conflict, we all want the same thing: to actually feel heard / understood.

And yet, continuing to fuel a conflict, either by avoiding facing it, or by pouring gasoline on the flames, is also really easy to do. In order to wage war with someone, it is not necessary to enter into a dialogue with them. To make peace, it is.

Taking a break in the relationship dynamic to stop the conflict escalation, to openly listen to each other, to attempt to find a mutually acceptable solution... that, takes openness and whole lot of courage.

And sometimes, it will also require a neutral and impartial third party that will be in charge of creating the safe space which will allow for a constructive dialogue.

The decision to participate in a mediation process or not, to reach an agreement or not, and to continue to interact with each other or not, will always be yours. Yet, at the very least, you will have had the opportunity to hit the pause button so as to constructively dialogue before making your decisions.

And you, what is your decision?