Mediation and arbitration: unavoidable private dispute prevention and resolution processes

Since the coming into force of the new Code of Civil Procedure of the province of Québec in January 2016, parties to a dispute must consider private dispute prevention and resolution processes before referring their dispute to the courts. The main private dispute prevention and resolution processes are mediation and arbitration.
Parties who enter into a private dispute prevention and resolution process do so voluntarily. They are required to participate in the process in good faith, to be transparent with each other, including as regards the information in their possession. They choose the mediator or arbitrator jointly and must undertake to preserve the confidentiality of anything said, written or done during the process. They have to co-operate actively in searching for a solution.They are alsor equired to share the costs of the process.
Participation in a private dispute prevention and resolution process other than arbitration does not entail a waiver of the right to act before the courts. However, the parties may undertake not to exercise that right in connection with the dispute in the course of the process, unless it proves necessary for the preservation of their rights.