Our mediation and arbitration clauses

 

If you wish to designate us as a mediation and arbitration platform, please insert the clauses below in your contract.

MEDIATION

 The parties undertake, before resorting to arbitration or to the ordinary courts, to submit any dispute between them to the Justicity.com mediation platform which will appoint a mediator and to participate in good faith in the mediation process.

The costs of the mediation will be shared between the parties unless it is decided otherwise unanimously by the parties.

Any process regarding the use of mediation and any mediation session are made under the seal of confidentiality and subject to all rights and remedies of the parties. Nothing that is said or written during such a proceeding or such a session is, however, admissible in evidence in a judicial or other proceeding.

Any dispute or dispute that cannot be resolved in mediation within sixty (90) days of the appointment of the mediator must be submitted to arbitration according to the procedure provided for in this contract.

 

ARBITRATION

Any claim arising from the contract which is the subject of a dispute, any dispute concerning the performance of this contract, including its cancellation, as well as any dispute arising from a problem of interpretation must be submitted to arbitration, and this, to the exclusion of ordinary courts, in accordance with the procedure established below.

By mutual agreement between the parties, the Justicity.com arbitration platform is designated as the arbitration center which will appoint a sole arbitrator.

Any party having a claim, a dispute or a disagreement to assert, must send Justicity.com an arbitration referral, including a reasonably detailed description of the claim, dispute or disagreement to be submitted to arbitration. Justicity.com will take care of sending a notice of arbitration to the other parties.

Any decision thus rendered is final and without appeal and, upon its homologation by the court, enforceable with regard to the parties hereto.

The costs of the arbitration will be shared between the parties unless it is decided otherwise by unanimity of the parties.

The parties hereto agree that the provisions dealing with arbitration which are currently in force in the Code of Civil Procedure of Quebec govern, as supplementary provisions, any arbitration to be held under the provisions of this section. In the event of a contradiction between one or the other of the provisions of this section and the aforementioned provisions of the Code of Civil Procedure of Quebec , the provisions of this section take precedence.