Mediation, Arbitration and Negotiation of Commercial Disputes
Commercial disputes can quickly destabilize a business, strain business relationships, occupy the time of its executives and result in significant costs. Whether it involves a shareholder dispute, a contractual disagreement, a payment issue, a dispute with a supplier, customer, franchisee, franchisor, landlord or business partner, prompt and structured intervention can help prevent escalation.
Me Sophie-Anne Décarie acts as a lawyer, mediator and arbitrator in the resolution of commercial and contractual disputes. With nearly 30 years of experience in civil, commercial and real estate litigation, as well as business law, she draws on her experience in private dispute resolution processes, including mediation, arbitration, med-arb, assisted negotiation and facilitation.
Her approach is aimed at helping the parties clarify the issues, assess the risks, understand the interests involved and seek a realistic, proportionate solution adapted to the business context.
Resolve a commercial dispute before it takes over
A commercial dispute is not always limited to a legal issue. It can affect cash flow, reputation, business continuity, customer relationships, internal governance, employees or even the value of the business itself.
In many situations, mediation or assisted negotiation allows the parties to regain control of the process, preserve confidentiality, limit costs and explore more flexible solutions than those that might be obtained through a court judgment.
When the parties want a decision to be rendered, arbitration can provide a private, structured process adapted to the nature of the dispute. Med-arb can also be considered when the parties wish to first attempt an amicable resolution while providing for a decision-making mechanism for any issues that remain unresolved.
Types of Commercial Disputes
Me Sophie-Anne Décarie may assist with disputes involving, among others:
- shareholder disputes;
- disputes between partners or business partners;
- governance deadlocks;
- buy-sell provisions, exit clauses or “shotgun” mechanisms;
- commercial contracts;
- breach or improper performance of contractual obligations;
- unpaid claims;
- debt and account recovery;
- disputes between customers and suppliers;
- delivery, quality, compliance or payment issues;
- distribution agreements;
- franchise agreements;
- disputes between franchisors and franchisees;
- commercial leases;
- breakdowns in business relationships;
- disputes relating to confidentiality or the use of sensitive information;
- disputes relating to competition, solicitation or the protection of business interests;
- claims for damages arising from commercial losses;
- urgent commercial situations requiring prompt intervention or an efficient decision-making process.
A Strategic, Rigorous and Proportionate Approach
Every commercial dispute should be assessed based on its actual value, its impact on the business, the legal risks involved, the anticipated costs, the time required, the available evidence and the practical consequences for the parties.
Me Décarie’s approach is based on:
- preparation;
- neutrality;
- risk assessment;
- an understanding of business considerations;
- confidentiality;
- proportionality;
- the pursuit of practical, realistic and enforceable solutions.
In a commercial context, the best solution is not always the most aggressive one. It is often the one that protects the essential interests of the parties, reduces uncertainty, preserves value and allows everyone to move forward.
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Why Consider Mediation or Arbitration in Commercial Matters?
Court proceedings can be lengthy, costly and public. In commercial matters, they can also divert business leaders from their core activities and further strain relationships between the parties.
Mediation provides an opportunity to explore negotiated solutions in a confidential and structured setting.
Arbitration allows the parties to obtain a private decision through a process adapted to the specific circumstances of the dispute.
Med-arb combines these two approaches: the parties first attempt to resolve the dispute amicably and, if certain issues remain unresolved, those issues can be determined through arbitration.
Are You Facing a Commercial Dispute?
Are you dealing with a shareholder dispute, a contractual issue, an unpaid claim, a dispute with a customer, supplier, commercial landlord, franchisee, franchisor or business partner?
Early and structured intervention can help clarify the issues, limit costs, preserve confidentiality and identify the most appropriate process for resolving the dispute.
Request Mediation
Submit an Arbitration Case
Important Note
When acting as a mediator or arbitrator, Me Sophie-Anne Décarie acts as a neutral third party and does not represent any of the parties involved in the process. For legal representation in a commercial dispute, a separate assessment must be conducted with the firm.