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Statutes

"1. To prevent a potential dispute or resolve an existing one, the parties concerned, by mutual agreement, may opt for a private dispute prevention and resolution process.
The main private dispute prevention and resolution processes are negotiation between the parties, and mediation and arbitration, in which the parties call on a third person to assist them. The parties may also resort to any other process that suits them and that they consider appropriate, whether or not it borrows from negotiation, mediation or arbitration.
Parties must consider private prevention and resolution processes before referring their dispute to the courts.
2014, c. 1, a. 1."

Cases

Comments

There is no legislative system to regulate commercial mediation. However, at any stage of proceedings in litigation, the parties may request, or the chief justice may recommend, a settlement conference [art. 151.15]. A settlement conference is offered on a voluntary basis only and is not binding unless it results in a settlement agreement that is homologated by the presiding judge [art. 151.22].

Contributors

Me Dario Santillo
Gross, Pinsky

The statutory information was edited and reviewed with the support of MultiState

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