Litigation and alternative dispute resolution
When we are consulted on litigation, we draw on our legal expertise to find an economically acceptable solution.
We always start our assignments with strategic advice and a prior risk assessment. We give priority to alternative dispute resolution methods when this is preferred and feasible (principled negotiation, mediation, etc.).
Most of the members of our firm are accredited by the Federal Mediation Commission as civil and commercial mediators, and are regularly appointed in this capacity.
In certain cases, mediation can be an interesting alternative to long and costly legal proceedings. With the help of lawyer-mediators or individuals trained in mediation techniques, the parties in conflict can reach an agreement to resolve their dispute, without having to go to court.
Mediation is a voluntary and confidential dispute resolution process managed by a neutral third party: the mediator, who must be independent and impartial. He or she does not take the side of either party. The mediator does not act as a legal advisor, judge or arbitrator. He or she has no specific or personal interest, direct or indirect, in the resolution of the dispute.
The mediator will make every effort to re-establish dialogue between the parties, by having constructive discussions with them, with the aim of helping them reach an agreement that all parties are happy with, all within a confidential framework and with mutual respect.
he parties play a very active role in this process. Assisted by the mediator, they will be guided to define the terms of their solution themselves.
The agreements reached in mediation can be approved by a judge if the mediator is approved by the Federal Mediation Commission.
Mediation implies that there are no proceedings, or that any proceedings have been suspended during the process.