Frequently asked questions
Mediation is a way to settle disputes through co-operation. The mediator acts as a third party in a dispute to help efficient communication and to bring both sides to an acceptable solution. A mediation lawyer has no decision-making power. Their role is to get the opposing parties to communicate what they need and expect, and to use it to map out a customized agreement. The mediation process is discretionary and can be stopped at any moment you see fit.
The mediation lawyer is a professional, well-versed in legal concepts and how they can affect your situation and the deals you are engaged in. They are bound by their legal duties and supervised by the Bar, and they have been trained in negotiation and mediation techniques. By remaining neutral, they apply their knowledge to help people make the most reasonable decisions. Ghislaine Hardy has also experienced conflict resolution within the confines of a decision-making process. She is uniquely positioned to help you reach a settlement that will satisfy everyone involved.
The mediation lawyer starts by gathering the parties involved then writes down the conditions in which the mediation sessions will take place. The mediation lawyer’s role is to foster an environment that favours empathy and honest communication.
During the following mediation sessions, she will encourage both parties to converse and cross-examine all information relevant to their case. She then has the duty to identify key issues and questions and explain them clearly to the parties.
Once issues are identified and information is validated, she will guide you and help you consider and evaluate all possible options. Together, you’ll go over all these options and choose the one that satisfies all parties and reflects your needs and interests.
If the mediation succeeds and an agreement is made, the mediation lawyer produces a written document that details the points of agreement between all parties. The document produced is the Summary of agreement, and it is the intended goal of the mediation process.
It is the agreement that is sent to your prosecutor and will be the basis of the convention they will submit to a judge to obtain a judgment in due process. Whether you feel the judgment is urgent or not, it is of the utmost importance to consult with your mediation lawyer before you sign any document that formalizes the agreement obtained through mediation.
In most cases, the mediation lawyer is entirely paid by the parties involved in mediation. She is paid according to an hourly fee established ahead of time. You should expect an initial exploratory visit lasting more than two hours, and a few sessions following that depending on the topics and the nature of the dispute to resolve.
To be on the list of civil and commercial mediators kept by the Bar of the province of Quebec, a mediation lawyer must meet the following criteria: be a member of the Bar of the province of Quebec, complete the Bar’s official training program in civil and commercial mediation lasting 40 hours, and be covered by a professional liability insurance from the Professional Liability Insurance Fund of the Barreau du Quebec.