Did you know that a mediator lawyer must meet several requirements for the accreditation by his professional order, Barreau du Québec? One cannot improvise him or herself as a mediator!
Hence, how can you find a certified mediator lawyer?
Family Mediation
In fact, the family mediator must meet the following requirements; have at least three (3) years of experience as a lawyer, complete the sixty (60) hours basic training with an additional training of forty-five (45) hours, complete ten (10) mediation mandates under the supervision of an accredited family mediator with experience.
The family mediator must respect the “Guide des normes de pratique en médiation familiale du Comité des organismes accréditeurs en médiation familiale“ (http://www.barreau.qc.ca/pdf/mediation/familiale/guide-pratique-mediation-familiale.pdf).
You can see the list of accredited family mediators on the Barreau du Québec website (http://www.barreau.qc.ca/mediation/index.jsp?typeMediation=F).
A list can also be found on the website of the Ministry of Justice of Quebec (http://www.justice.gouv.qc.ca/francais/recherche/mediateur.asp).
Mediation in civil, commercial and labour matters
To be accredited as a civil, commercial or labour lawyer-mediator, a basic training of forty (40 hours) must be completed and the lawyer must hold professional liability insurance.
Thereafter, the lawyer-mediator in civil commercial and labour matters must comply with the Practice Guidelines in civil and commercial mediation of the Barreau du Quebec (http://www.barreau.qc.ca/pdf/mediation/civile-commerciale/guide de pratique.pdf). You can find the list of accredited mediators in civil, commercial and labour matters on the Barreau du Québec website (http://www.barreau.qc.ca/mediation/index.jsp?typeMediation=C)
Moreover, another body accredits mediators in these fields. It is the Institute of Mediation and Arbitration of Quebec (IMAQ). To become a member, the mediator lawyer must have practised for at least 5 years, has had no disciplinary action or limitation of his right to practice, have completed the forty (40) hours basic training and must have committed to Code of Ethics and Code of Professional Conduct of the IMAQ (http://imaq.org/wp-content/uploads/2014/08/Code-ethique-des-mediateurs19-avril-2007.pdf) and finally have paid an annual fee of $362.
The IMAQ also has a list of its members-lawyer mediators (http://imaq.org/recherche-de-professionnel/). Given the annual fees, this list is more exhaustive.
Small Claims Mediation
To be accredited as a mediator lawyer in small claims court, one must undergo sixteen (16) hours of training.
Subsequently, the mediator lawyer in small claims must meet the operating guide for mediators from the Ministry of Justice (http://www.justice.gouv.qc.ca/francais/themes/prof/med-receivables/pdf/guid-med-creance.pdf).
Finally, if you are looking for a certified mediator lawyer, consider Drolet Pigeon Avocats inc. Our associate, Me Nancy Drolet, is certified in family mediation, in civil, commercial and labour matters, as well as in small claims. She has practised mediation for over 7 years and has been a lawyer for over 15 years.
Text Written by Me Nancy Drolet, Attorney and accredited mediator/ Translated by Andrey Leshyner