No entrepreneur has an interest in prolonging a conflict situation unnecessarily. Raise your hand if you want the disputes, he is facing to become known through the media and tarnish his reputation and image. Why embark on complex legal proceedings when the possibility of resolving conflicts through mediation is much more accessible and discreet? It is still necessary to be informed of its existence and its effectiveness. It is important to inform business people about the advantages of using commercial conciliation as a method of confidential conflict management through M&A advisory.
❚ A REFLEX TO ADOPT
If mediation has not yet aroused any real enthusiasm within business networks, it is without a doubt because this practice remains unknown to a large number of decision-makers. Mediation is inspired by the alternative conflict resolution methods of our American neighbors. The trend has been developing in Canada since the early 1990s and yet we are far from seeing it as a natural reflex on the part of entrepreneurs when faced with a contentious situation.
Recourse to a notary mediator in the resolution of a conflict enables entrepreneurs to remedy quickly, efficiently and at a lower cost any conflict situations with which they may be confronted. There are many examples: a collection of unpaid accounts, complaints, and grievances, shareholder disputes, litigation between business partners, etc.
❚ BET ON COMMUN I CAT I ON
Commercial mediation is a voluntary and non-binding conflict resolution process in a confidential atmosphere. It is a powerful tool for managing disputes, essentially based on cooperation, communication, and the goodwill of the authorities involved. For mediation to take place, there must be a real willingness on the part of both parties to resolve the dispute, reach common ground, and make certain concessions. Without these essential elements, mediation can hardly produce satisfactory results. Mediation does not exclude the possibility of resorting to legal proceedings in the event of failure.
❚ PLACE FOR MEDIATION
At the end of the mediation, there is not necessarily a winner and a convict: both parties can come out winners. Each party explains its needs and interests. The mediator promotes dialogue, assigns the right to speak, and determines the principles of communication. Then, the parties develop different resolution alternatives, negotiate, and try to agree on one of them.
When an agreement is reached, the notary translates the intentions of the parties into a contract. And proceeds to its homologation. This contract, signed by the authorities involved, puts an end to the legal proceedings and binds the parties to respect the agreement contract. They can use it to force execution if one of the parties does not respect the terms of the agreement.
Commercial mediation offers a more effective, more discreet, less expensive, and more flexible solution than recourse to the courts. The parties generally share the costs of mediation. As for its duration. It depends directly on the stakes and can vary from a few hours to a few weeks. And in rare exceptional cases, to a few months.
❚ RECON CILIATION
The role of the mediator is to act as a master of ceremonies, neutral and impartial, and to organize a favorable exchange between the parties in dispute through M&A advisor. It allows them to present their point of view in a favorable climate. Facilitates mutual understanding of the factors at the source of the dispute. And tries to bring the parties to overcome the conflict.
The notary takes care to establish the optimal conditions to bring. About the emergence of a solution that favors a compromise between the interests of the two parties. He does not take sides with any of the speakers. The notary is not compellable, that is to say.
