More and more, commercial leases include mediation clauses. These clauses allow for avoiding going to court in the event of a dispute between the landlord and the tenant.

Mediation is an increasingly popular alternative dispute resolution method due to the flexibility it offers to the parties. Mediation allows for exploring all possibilities through dialogue and reaching a tailored 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 indicative examples:

If the tenant:

• abandons the premises before the lease expires without the landlord's authorization or due to a judgment rendered against the tenant;
• does not comply with one or more lease terms;
• changes the use of the rented premises;
• transfers ownership of their business or assigns their rights in the lease without notifying the landlord.

If the landlord:

• does not provide the tenant with peaceful enjoyment of the premises;
• does not provide the tenant with the required services according to the lease terms;
• refuses to repair the building;
• changes the lease terms unilaterally.

If the landlord and tenant do not agree on the terms of a renewal clause.

Why let a dispute worsen and become heavier through judicial procedures? 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, most importantly, will be much quicker and less expensive than a legal settlement.

In the event of a deadlock, mediation can be followed by arbitration, where an arbitrator chosen by the parties will resolve the dispute after hearing each side's representations. Consult the professionals at Notaire-Direct who will advise you according to your needs.