Guarantee Plan

For New Residential Buildings

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Mediation

Mediation is a course of action that allows both you and your contractor, by mutual agreement, to submit your dispute to a mediator with the goal of reaching an agreement.

Submit a mediation request

A mediation request must be submitted within 30 days following receipt of the plan manager’s decision, and must indicate the name of the mediator chosen by the two parties. Consult the list of authorized mediators [Fr]This link leaves Guarantee Plan for New Residential Buildings Website. per region.

The mediation request must be addressed to:

Ministère du Travail, de l'Emploi et de la Solidarité sociale (MTESS)
200, chemin Sainte-Foy, 6e étage
Québec (Québec)  G1R 5S1

Upon receipt of the request, the MTESS designates the mediator chosen by the two parties, meaning that it officially appoints the mediator in a document called the designation, and transmits a copy of this designation to the plan manager.

All mediation sessions are confidential; nothing that is said during them can be used as evidence in other files unless you agree otherwise.

Cost

The cost of mediation is shared equally between you, the contractor, and the plan manager, if they participate. You can also agree amongst yourselves on another way of splitting the cost.

If it doesn't work

If mediation fails, and it is not possible to reach an agreement with the plan manager, you can take recourse by going to arbitration. You will have 30 days, following receipt by registered mail of the mediator's notice of the total or partial failure of the mediation process, to consult an arbitration body authorized by the Régie du bâtiment du Québec.

ONE STEP THAT ISN'T MANDATORY

Yes, you can go directly to arbitration without turning to mediation beforehand.