Mediation

What is Mediation?

The Mediators Code of Ethics of the Institut de Médiation et d’Arbitrage du Québec (IMAQ) defines mediation as follows: (The following is an English translation of the French text)

"Mediation is a means of settlement of disputes by which an impartial third party without decision making power, namely, the mediator, intervenes at the request of parties to assist them in negotiating, developing and selecting appropriate solutions to their dispute.

Contrary to other dispute settlement mechanisms, such as arbitration or adjudication, the mediator does not hold any decision making power. Mediation is a non-authoritarian accompanying or support process of assistance to a decision with the purpose to enable persons to retain the responsibility and autonomy over decisions. In the process the parties express and communicate with each other in order to settle their problems. The mediator cannot compel the parties to accept an agreement, nor make a decision for either party nor provide any professional expert opinion."

It should be added, that mediation is a private and confidential process. It permits you to actively participate in the search of solutions to settle your dispute with the help of a neutral person, a mediator. The parties can then settle their dispute rather than necessarily taking legal proceedings.

If you have a dispute to settle, please contact Me Kmec to discuss how you may undertake a mediation session.