Mediation today


What is 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

The judicial remedy involves uncertainties (length and cost of proceedings, permanently damaged relationship with the adversary, uncertain conclusion), while mediation allows for a tailor-made, approved and therefore 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.

  • 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

Procedural requirements imposed by law

Strict respect for the adversary

Complete disclosure

Speed not guaranteed

Difficulty controlling costs


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


Variable urgency

Variable cost control


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


Guaranteed speed (with potential for disruption to certain deadlines)

Complete cost control