Mediation today
Mediation
Mediation is a dispute resolution process whereby several legal entities or individuals entrust an independent, neutral and impartial third party with the task of helping them reconcile their points of view and resolving their dispute by allowing them to communicate and relate to each other.
“Any structured process, however it is referred to, by which two or more parties try to reach an agreement for the amicable resolution of their differences with the help of a third party, the mediator, chosen by them or appointed with their agreement” (article 21 of law 95-125 and article L213-1 CJA of the Code of Administrative Justice).
An expanding practice
Mediation is an alternative to traditional adjudication processes
Legislative development
Like the alternative dispute resolution methods, mediation has been the subject of significant legislative development for several years.
A tailor-made solution
Mediation responds to a desire to pacify economic and social relations by trying to resolve disagreements and no longer just conflicts or disputes.
An accepted and effective solution
Aiming for speed
The use of mediation is also increasing because the parties have complete control over the schedule.
The benefits of mediation
Mediation, an advantageous practice
- To enable the parties to reach an amicable agreement through the intervention of a third party whose role is limited to organising the discussions, while leaving the parties free to find an agreement acceptable to them.
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Parties control all aspects of the resolution of their dispute:
– Selection of the mediator
– Duration of the process
– Cost of the process
– Solution adopted - Confidentiality, which replaces respect for the “adversary”
- No “losing” party
Comparative advantages of mediation
State justice
No choice of judge
The court settles the legal
dispute
Procedural requirements imposed by law
Strict respect for the adversary
Complete disclosure
Speed not guaranteed
Difficulty controlling costs
Arbitration
Selection of the arbitral tribunal by the parties
The court settles the legal dispute
Possibility for the parties to agree on the procedure followed
Strict respect for the adversary
Confidentiality
Variable urgency
Variable cost control
Mediation
Selection of mediator(s) by the parties
The mediator endeavours to guide the parties in the search for a solution without enforcement power
Flexible process that can be customised by the parties and the mediator
A transparent process, made more flexible by the absence of the adversary
Confidentiality
Guaranteed speed (with potential for disruption to certain deadlines)
Complete cost control