More and more, commercial contracts contain mediation clauses. These clauses allow to avoid resorting to the courts in case of conflict between the contractor, subcontractors, and the property owner.

Mediation is an increasingly popular alternative mode of conflict resolution due to the flexibility it provides to parties. Mediation allows for exploring all possible solutions through dialogue and reaching a tailor-made solution according to the parties' needs.

An exhaustive list of the different situations where a mediator can intervene cannot be provided, but here are some examples for illustrative purposes:

● the contractor abandons or refuses to complete the work;

● the contractor fails to comply with one or more conditions of a contract;

● the property owner refuses to accept the excesses demanded by the contractor;

● the contractor fails to remedy construction defects or hidden defects.

Why let a dispute escalate and become burdensome through legal proceedings? With their training and experience as impartial legal advisors, notaries are the professionals best suited to act as mediators for your dispute. They will help you find a satisfactory solution that takes into account the interests of everyone involved and, above all, will be much faster and much less costly than a judicial settlement.

In case of deadlock, mediation can be followed by arbitration, where an arbitrator chosen by the parties will decide the dispute after hearing the representations of each party. Discuss it with the professionals at Notaire-Direct who will advise you according to your needs.