Civil and commercial mediation
Mrs Sophie-Anne Décarie from DS Décarie Lawyers is a certified civil and commercial mediator. When she acts as a certified mediator, she puts her 25 years of experience in civil and commercial disputes to your advantage, where she’s had to settle countless disputes in a wide variety of areas with creative and innovative solutions since the beginning of her career. All that in order to help you solve your conflicts, either simple or complicated.
In this context, her role as a neutral mediator is to help parties to:
- Converse in a cooperative and respectful environment
- Clarify their perspectives and define their disagreements
- Identify their real needs and essential interests
- Work with clients in elaborating on creative and innovative solutions
- Prepare documentation aiming to verify the agreement for it to be fully enforceable.
Mediation can have advantages like:
- A result chosen by the parties and not imposed by a judge
- A quick and affordable process
Mediation can be useful for settling disputes like:
- Mediation between shareholders, such as the removal of a shareholder or the redemption of his shares, a shotgun clause, or unfair competition from an administrator
- Mediation between property buyers and sellers for the discovery of hidden defects, title defects, or deceptions when taking possession of the property regarding inclusions, the state of the property, or its accessories
- Mediation between heirs and liquidators of an inheritance or with the holder of a proxy for financial abuse of a vulnerable person, accountability of an inheritance liquidator, or after the passing of a shareholder in a company
- Mediation between a franchisor and franchisee in case of non-compliance, to determine the renewal terms, or to end a franchise contract.
- Mediation with a supplier, distributor, or key customer regarding essential clauses, violations to a contract, or important modification to market conditions
- Mediation with a landlord or commercial tenant in case of non-compliance, or to determine the terms to a lease renewal or end of lease
- Mediation to solve a conflict having impacts on the reputation of a public figure or business
- Mediation with a key employee such as a director at the end of his employment, or in the event of a complaint regarding a toxic work environment or incivility
- Mediation between neighbours regarding encroachment or to determine terms to a right of way.
How does it work?
If mediation interests you, either party can initiate the process. If the process is only initiated by one of the two parties, the first step will be to instruct us to send an invitation to the other party to participate in mediation.
Then, depending on the nature of the identified issue, Mrs Décarie will determine the necessary individual consultations with each party to allow her to correctly identify the needs and interests of each party along with the documents or expertise to be exchanged in preparation for the mediation meeting to make it as productive as possible.