A private mode of dispute prevention and resolution whereby the parties voluntarily choose to attempt to resolve their disputes with the assistance of a neutral and impartial specialist: the conciliator. The conciliation process is similar to mediation. However, the conciliator is usually a representative of the judiciary or the public administration. In this regard, the Court of Québec, the Superior Court of Québec and the Court of Appeal offer litigants a free conciliation service, known as the amicable settlement conference. The conciliating judge may not preside over the trial, in the event that the dispute between the parties cannot be resolved.
Conflicts within co-ownerships are not uncommon. They can arise between co-owners, in particular in the context of neighborhood annoyances (noise, abusive uses of the common portions) but also between the board of directors and the co-owners. They can be resolved amicably, for example through mediation, or through the judicial process or arbitration. The Code of Civil Procedure encourages alternative methods of dispute resolution, such as mediation, arbitration or conciliation. It even obliges the parties to "consider" the use of private methods of prevention and settlement of their dispute before judicializing their dispute. These methods of settlement are in principle more user-friendly, accessible and expeditious.
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