What is mediation?

Mediation is an alternative dispute resolution process, based on the willingness and cooperation of the two parties. With the help of an independent and qualified professional, the parties resolve themselves their conflict.

What are the advantages of mediation?

Sometimes, a lawsuit does not appear to be the best option to resolve a dispute, because of its cost, duration and/or consequences. Therefore, mediation can be a positive alternative to restore communication between the parties and lead them to find more specific and appropriate solutions.

The main advantages of mediation are:
  speed,
  Confidentiality,
  lower cost,
  Efficiency,
  durable closure and agreement.

There are always two winning parties at a mediation process, at the opposite of a legal action. This is of course a matter of great interest each time the parties shall keep in touch (dispute between heirs, tenant/owner, employee/employer, partners, neighbours, etc.)

Mediation process

Mediation can be contractual or judicial.

• Contractual mediation: The two parties agree to enter into an out-of-court mediation process in compliance with a contract or voluntarily during their conflict by choosing a mediator or a mediation association that will designate a qualified mediator. Contractual mediation is regulated by the French Decree dated 20th January 2012.

• Judicial mediation: A Bill dated 8th February 1995, completed by an Ordinance dated 16th November 2011 (transposing a European directive) included judicial mediation in the French Code of Civil Procedure. During the course of the legal action, the mediation is ordered by the court with the consent of the two parties (and the mediator is appointed by the court). The court can enforce the mediation agreement at the request of the two parties if necessary.