Mediation should be a prerequisite to any other alternative dispute resolution. start the mediation process quickly from the appearance of a conflict and will help to promote the chances of success of the mediation. During your time in practice, have you seen a change in attitudes regarding mediation as a tool for the resolution of construction disputes? The use of mediation has often been timid during the majority of our years of practice as lawyers and accredited mediators in commercial and civil law, the tendency in construction law having always been for an attitude of confrontation between the parties in dispute. However, we have found that the mediation process did not necessarily occur at the beginning of the dispute but rather at a certain stage of its maturity between the parties. After becoming aware of the loss of time and costs generated by the dispute, the parties create a common interest – which is that of resolving their conflict quickly in the interest of all. They then agree to suspend their legal proceedings and resort to mediation. In these cases, we have recorded success rates that exceed 80%. Are there any other trends that you are noticing in these areas? We have noted that mediation is not welcomed in the same way in all areas of law. Only in certain areas of law where there are government funded programs will litigants be more inclined to use mediation at the outset of a dispute. Indeed, in an effort to reduce the caseload in the courts, governmentsubsidised mediation programs have been developed in Canada, particularly in family law. The subsidy was only available for a few sessions but the public response to the program was immediate. We therefore encourage that these types of programs be generalised to all areas of law and not be an exception. We are certain that this will promote the interest of the public and the different business actors to use them. This will facilitate to these different actors the awareness of the interest and the utility of mediation in the management of their cases and will benefit the good management of justice by the same occasion. EXPERT INSIGHT 55 About Zineb Kouidri Zineb Kouidri is a lawyer and an associate at BTK Avocats, and an accredited mediator in commercial and civil matters. With over 17 years of experience in the legal field, during which she has worked on several large-scale projects in Quebec and abroad, she is an active member of several notable organisations, including the Board of Directors of the Regroupement des Jeunes Chambres de Commerce du Québec (RJCCQ) between 2015 and 2018,and Business Professional Woman Montreal, where she worked as a director in 2019. She also sits on the board of UniAction. About BTK Avocats BTK Avocats is a Montreal-based law firm that specialises in business law, real estate and construction law and family law, as well as civil and commercial litigation and drafting contracts. Contact Zineb Kouidri Lawyer BTK Avocats Inc. 75 Bd des Châteaux, Blainville, QC J7B 2A4, Canada Tel: +1 514-992-6333 E: zkouidri@btkavocats.com www.btkavocats.com
RkJQdWJsaXNoZXIy Mjk3Mzkz