Your Recourse

Mediation

Mediation is a discussion process between you and the entrepreneur, like negotiation, but in the presence of a neutral and impartial third party who intervenes to guide the parties' discussion towards a possible agreement: the mediator.

If you wish to attempt mediation, the entrepreneur and you will jointly choose a mediator from a list of mediators drawn up by the Ministry of Labor.

Reminder

If in the negotiation the presence of a third party is optional, then it is mandatory for the mediation process provided for in the Regulation.

When to choose mediation?

Once the Inspector-Conciliator of the administrator of the Guarantee Plan has rendered a decision and you are dissatisfied with it, you have 30 days from the receipt of this decision to decide whether you wish to contest it, either before a mediator or an arbitrator.

To request mediation, you must agree with the contractor. Once agreed that your dispute will be submitted to mediation, the entrepreneur and you must submit a request to the Ministry of Labor, Employment and Social Solidarity. You will choose a mediator from a list established by the ministry to begin the process. This list contains the names of mediators accredited by region, as well as a description of the skills and the hourly rate of each mediator.

Why choose mediation?

  • It is voluntary and requires the agreement of both parties. In order to request mediation, you and the contractor must agree to undergo this procedure. In the event of disagreement, mediation cannot take place and you must contact a referee directly. Even if participation is voluntary, the results of an agreement established in writing are binding on the parties.
  • It is not mandatory to resolve your dispute. Choosing mediation does not prevent you from possibly filing a request for arbitration. You also do not have to accept a request for mediation made by the contractor. Either party can always choose to go directly to arbitration without going through mediation. Mediation is not a mandatory step, but offers a path to fast, accessible and affordable justice.
  • It offers a high success rate. If you do not have to go through mediation before going to arbitration, mediation is a dispute resolution method that increases in success rate every year. In addition, the parties are free to discuss, knowing that if mediation fails and there is no agreement, they can still consider arbitration.
  • It is confidential. All information received during mediation is confidential, regardless of the outcome of the mediation. Thus, unless otherwise stated in a specific agreement (non-disclosure agreement), if mediation fails, no party can use the documents viewed or the information revealed in mediation as evidence for an arbitration or transmit such information to the media.

Once launched, mediation requires the commitment of each participant. The parties must be present at the mediation sessions and be involved in its conduct to arrive at the best possible result.

The mediator remains impartial, ready to help and find solutions to the dispute. Their role is to inform you and help you understand the entrepreneur’s point of view. The mediator is not a judge, he has no decision-making power. He can simply guide the parties towards an acceptable solution and draft a final agreement, if necessary. Once the mediation agreement has been signed, it binds the parties as well as the administrator if he has also participated in mediation.

How much does mediation cost?

The costs are always shared equally unless there is a specific agreement between the parties, regardless of whether the mediation process ends in agreement or failure.

Costs may vary depending on the time required and the hourly rate of the mediator. You can consult the list of mediators before making your choice. However, these costs will be lower than those incurred for an appeal to an arbitrator.

Good to know!

Before mediation, you can agree with the entrepreneur on the sharing of costs. The administrator assumes one third of the costs when participating in mediation.


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