WHO IS IN CHARGE OF MEDIATION?
- Our team is made up of experienced mediators and law students. During mediation sessions, students assists the mediator who leads the process. The mediator is a retired judge with experience in settlement conference or a professional mediator who has practiced mediation for the last 3 years (minimum of 100 hours)
HOW LONG HAS THE MEDIATION CLINIC BEEN OPERATIONAL?
- The 2016-2017 year was an opportunity to set up the administrative bases of the clinic and to start our pilot project. It is in the fall of 2017 that the mediation clinic opens its doors to the general public to provide a free mediation service.
IS MEDIATION CONFIDENTIAL?
- Yes, all this information remains confidential. No information disclosed during the mediation process may be used in a judicial process unless the parties decide otherwise. At the UdeM Mediation Clinic, the signing of a confidentiality document is mandatory.
WHAT TYPES OF CONFLICT ARE LIKELY TO BE SETTLED IN MEDIATION?
- Mediation is appropriated to several types of conflicts (civil law, commercial law, familial law, public law conflict, environmental law, international law, etc.). However, there are several situations where mediation may not be appropriate for your situation (for example, if one of the parties does not want to collaborate with others or if one of the parties wants to create a precedent).
DO I HAVE TO BE REPRESENTED BY LAWYER TO ATTEND MEDIATION SESSIONS?
- No, parties involved in the mediation process are not required to be accompanied by legal counsel to be eligible for clinic service. However, a counselor may be there during the mediation to ensure that your interests are represented. If you are not represented and feel the need to be, the Mediation Clinic, in partnership with the Young Bar Association of Montreal, can provide you a list of lawyers ready to work for you.
WHAT ARE THE COSTS ASSOCIATED WITH THE USE OF THE UDEM MEDIATION CLINIC?
- The mediation clinic of the Université de Montréal offers a free mediation service up to three 2.5-hour mediation sessions. If you consider that you need additional mediation sessions, you can discuss this possibility with the other parties and the mediator. It should be noted that an administrative fee of $ 25 per participant is required to open a file.
WHAT IS THE ROLE OF THE MEDIATOR?
- The mediator is an impartial third party who must develop communication strategies based on the interests, needs and personalities of the parties rather than focusing on who is right or who is wrong. The mediator does not decide for you, as mediation develops on a voluntary and non-coercive basis.
WHAT ARE THE STEPS OF THE MEDIATION PROCESS?
The mediation clinic of the University of Montreal suggests the following procedure in order to process mediation requests:
- 1) Sends documents listed in the documentation section of the website.
- 2) Filing of documents in the electronic registry of the mediation clinic.
- 3) Premeditation session by conference call with the mediator and one of the parties (first contact).
- 4) Mediation.
- 5) Writing the agreement (if there is a satisfactory agreement for all parties).
WHAT IS THE DURATION OF THE MEDIATION PROCESS?
- The mediation clinic of the Université de Montréal offers participants the opportunity to attend three free sessions of 2.5 hours each. If you consider that you need additional mediation sessions, you can discuss this possibility with the other participants and the mediator.
For more information, feel free to contact us!
This content has been updated on June 18th, 2018 at 11 h 40 min.