Mediation is a dispute prevention and resolution process.
Using mediation, you can actively seek a solution to your dispute with another person, with help from a third party, the mediator.
The mediator will help you express your needs and interests to ensure that the settlement you achieve is satisfactory.
Mediation can be used even in a situation where legal proceedings are not being considered.
Types of disputes suitable for mediation
Mediation can be used, in particular, in a dispute connected with:
- separation and divorce;
- a dispute between neighbours;
- a succession;
- the purchase of goods or services, warranties, etc.;
- latent defects, work performed by a contractor, etc.;
- relations between business partners, shareholders, work colleagues, etc.;
- the conditions for the use of a trademark, patent, etc.
For more information:
Video - Mediation used in a dispute between neighbours
When to use mediation
Mediation sessions can be scheduled at the time of day, or day of the week, that is most convenient for you.
For example, sessions can be scheduled in the evening or even at the weekend.
Mediation is voluntary—both you and the person with whom you have a dispute must agree to mediation.
However, in some cases, mediation can be imposed, for example under the pilot project on mandatory small claims mediation, or if mediation is compulsory under the terms of a contract or agreement.
Last, you can use mediation whether or not you intend to take your case to court.
Mediation can also be used after court proceedings have commenced.
Location of mediation sessions
Mediation involves one or more mediation sessions, each of which may each last one or more hours.
The sessions can be organized in one place, or at different places.
A session may, for example, be held:
- in a private office;
- at a workplace;
- in a public building such as a courthouse or municipal office;
- at a community organization;