20 January 2025 Feedback

Topics covered: How to manage terms agreed in mediation – The presence of lawyers – The use of materials.

Last night’s workshop was once again a great success, with 12 participants in attendance!

At the start of the evening, we analyzed a case inspired by a real situation between a financial services provider and their client, under the Financial Services Act (FinSA), which mandates the provider’s participation in mediation if the client requests it.

Following this role-play, each participant shared their observations on how the session went. These insights helped highlight several key aspects of the mediation process, which were then discussed in the second part of the evening, with the following themes and summaries:

• How to manage the agreements reached in mediation: Discussions highlighted the importance of writing the agreements on a board during the session, giving the parties the opportunity to leave with a photo of the recorded points or another form of documentation ensuring the finality of the decisions made. This approach promotes clarity, transparency, and immediate acceptance by the parties, while minimizing the risk of future ambiguity. In contrast, it was agreed that mediators should strongly avoid drafting a post-session summary, as it could lead to divergent interpretations or even a new dispute, thus undermining the progress made during the mediation.
• The presence of lawyers in mediation: It was emphasized that, first and foremost, it is essential to carefully assess with the parties the need for lawyers’ presence, based on the nature of the case and the specific needs of each party. If the presence of a lawyer is deemed necessary, it is crucial to ensure, before the session, that this presence is clearly confirmed and accepted by all parties. Additionally, the importance of favouring lawyers who promote alternative dispute resolution methods, such as mediation, was highlighted. This approach is increasingly encouraged within the profession, as emphasized by a lawyer and mediator present during the session. The ultimate goal is to effectively harmonize legal and alternative approaches to maximize the chances of finding solutions promptly, while also optimizing the preservation of the common interests of the parties in mediation.
• The use of materials in mediation: It was also emphasized that, during the session, the use of specific tools can be crucial for the smooth flow of discussions. In particular, the use of a board, which allows for noting the various elements related to the "What" in Futiak’s wheel, as well as the agreements reached during the "How/How finally" stage of the same wheel, was mentioned. Other items were also discussed, whether simple or varied, used to represent the topics or key points discussed during the session, to visually materialize the essential elements needed for finding solutions.

It was an enriching evening, and Terraxis would like to warmly thank all the participants for their involvement and contributions.

Next work shop managed by Dominique Renaud will take place in March.

Next Terraxis workshop in May.  Stay tuned!