{"id":13811,"date":"2026-02-17T14:49:55","date_gmt":"2026-02-17T19:49:55","guid":{"rendered":"https:\/\/www.sabbagh.ca\/articles\/uncategorized\/choosing-between-mediation-arbitration-and-commercial-litigation-in-disputes-between-businesses\/"},"modified":"2026-02-17T15:30:45","modified_gmt":"2026-02-17T20:30:45","slug":"choosing-between-mediation-arbitration-and-commercial-litigation-in-business-disputes","status":"publish","type":"post","link":"https:\/\/www.sabbagh.ca\/en\/articles\/commercial-litigation-en\/choosing-between-mediation-arbitration-and-commercial-litigation-in-business-disputes\/","title":{"rendered":"Choosing between mediation, arbitration, and commercial litigation in business disputes"},"content":{"rendered":"

In commercial transactions and contractual agreements, expectations are sometimes not met, and disagreements arise. When there are conflicts between partners, disputes over services rendered, or intellectual property infringements, conflicts must be resolved effectively. The important thing is to maintain good relations and avoid long-term problems. To do this, companies and businesses have access to several solutions, such as going to court for a commercial litigation.<\/p>\n

However, there are also other solutions before reaching that point, such as mediation and arbitration. In this article, we examine the three main methods of commercial dispute resolution, their advantages and limitations, and discuss the best ways to resolve a commercial dispute with a specialized lawyer.<\/p>\n

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What are the differences between mediation, arbitration, and commercial litigation?<\/h2>\n

These three procedures can be understood simply as an escalation of dispute resolution. The methods evolve from more indirect involvements of the law to the full use of legal proceedings in court. Obviously, this explanation is a bit oversimplified, so let’s dive into the details.<\/p>\n

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Mediation<\/h3>\n

Mediation is a process in which the parties in conflict work with a mediator<\/a>, a neutral third party who facilitates discussions. This person must always be impartial and must not favor either party.<\/p>\n

In practical terms, the mediator communicates with both sides and acts as a bridge in tense situations. The mediator may also suggest possible solutions and draft a proposed agreement. In some conflicts, the presence of a mediator, whether accredited or not, can help find a solution to the dispute. Mediation allows the parties involved to communicate and explore solutions to resolve the conflict.<\/p>\n

This procedure complies with civil law and the regulations of the province of Quebec and avoids the need to go to court.<\/p>\n

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Arbitration<\/h3>\n

Arbitration is a procedure for resolving disputes outside the court system. It is like a trial, since its role is not to facilitate discussion, but rather to make a decision. In arbitration, the parties involved submit their arguments and evidence to an impartial arbitrator. The arbitrator reviews the arguments and evidence received and renders a decision that is as final as a court verdict.<\/p>\n

However, arbitration differs from a trial in several ways:<\/p>\n