Mandatory mediation in commercial disputes

For commercial claims seeking payment of a sum of money, prior recourse to a mediator is a procedural prerequisite. An action filed without satisfying it is dismissed on procedural grounds.

Mediation is a party-driven process based on confidentiality. Where settlement is reached, the settlement document may, under the conditions set out in the law, be enforceable.

If no settlement is reached, the final minutes are appended to the statement of claim. Procedural points such as the calculation of time limits, attendance and authority to represent can directly affect the subsequent proceedings and should be addressed from the outset.