Conciliation with an institution or organization
Conciliation is a private way of solving conflicts in which the conciliator usually plays a more passive role than the mediator.
The conciliator often acts in an organization’s or institution’s activities and the organization’s or institution’s rules establish the criteria to act as a conciliator.
When conciliation mechanisms exist within various governmental or para-governmental organizations, these mechanisms sometimes have other names, such as “mediation” or “settlement conference”.
- Conciliation provided by professional bodies (lawyers, notary, architects, etc.)
- Conciliation at labour court
- Mediation offered by the cnesst
- Mediation offered by the small claims division
- Settlement conference offered by the court of quebec and superior court (cra)
How does it work?
The rules specific to each conciliation can vary, it is part of the voluntary process in which a party can, at all times, according to their own appreciation and without being required to reveal the motives, withdraw or end it.
Parties can, at all times during the conciliation process, be accompanied and obtain independent legal advice on any question relative to the disagreement at hand in the conciliation of a lawyer of their choice.
Your lawyers from DS Décarie Lawyers accompany you to prepare you for all these types of conciliation, advise you throughout the process, elaborate offers, and appreciate presented counter-offers.
Judicial settlement conference (CRA)
In case of a judicial dispute, your lawyers from DS Décarie Lawyers can accompany you in participating in a conciliation during the Judicial Selltement conference (CRA) directed by a judge from the Court of Quebec or Superior Court.
How does it work?
The settlement conference happens in a meeting room at the courthouse. It is relatively informal to encourage a friendly settlement of the dispute. Parties state their starting position and then, accompanied by their lawyers and the conciliator judge, exchange offers and counter-offers productively and effectively. The judge’s role is to try to conciliate the positions of the parties and add to the discussion, but he is not there to give a ruling.