Mediation: a new tool
Mediation is a process by which the mediator assists the parties in finding solutions to their disputes whatever the nature of the conflict.
THE MEDIATOR IS:
• Independent, neutral and impartial
• A facilitator who uses specialized techniques in order to assist the parties in finding aligned solutions.
• Neither a judge nor an arbitrator and is trained to improve communication between the parties and help them to find a resolution to their dispute. The mediator’s role is not to decide who is right.
• Objective and does not offer solutions, or impose them.
• Chosen by the parties (conventional mediation) or by the Court (judicial mediation).
Time and energy-saver: A resolution is often reached in only a few hours (typically 1-3 four-hour meetings).
Money-saver: Based on an hourly rate of 250 € before tax, the cost of a conventional mediation typically varies between 1 000 € to 3,000 € before tax. This fee is either paid by the parties pursuant to a rule that they determine themselves, or on a 50/50 calculation. Mediators are paid the fee whether or not parties resolve their dispute through the mediation process.
No judicial interference: the parties determine for themselves the outcome of the process, without the presence of a judge.
Restoration of trust between parties
Possible continuation of the contractual relationship
A sustainable, durable, and easy-to-implement solution chosen by parties rather than imposed by a third party.
Parties determine themselves the result of the mediation process, with or without the help of their lawyer.
80% of all mediations initiated in France lead to an agreement.
1.ASSESS THE SITUATION
The parties each explain their respective position and have the opportunity share their perspective on the dispute.
2. IDENTIFY PRIORITIES
Based on the entire spectrum of the relationship, the mediator assists the parties to identify what is most important for each of them, based on their respective needs, interests, motivations, values and concerns. The objective is to go beyond the dispute in order to understand the nature of the core conflict and to restore a constructive dialogue between the parties.
3. ANALYSE POTENTIAL OPTIONS
Together, the mediator and the parties create a comprehensive list of potential options to resolve the conflict and objectively assess each of them.
4. CHOOSE A SOLUTION
Parties must choose and agree on one of the options identified during the mediation. Since this resolution is reached by the parties themselves, it is most often implemented.
The parties and the mediator are free to terminate the mediation process at any time.
Plenary sessions bring together the parties, their lawyers if they wish to be present, and the mediator.
It can be deemed useful to have separate meetings (private conversations) between the mediator and each of the parties. Each time a meeting is offered with only one of the parties present, there will subsequently be a meeting with the other party, in order to maintain balance.
Mediation meetings are strictly confidential.
Discussions that take place during private conversations between the mediator and an individual party are also confidential. However, if a party wishes to do so, they can authorize the mediator to reveal some elements of the private conversation at a plenary session.
Parties are expected to show respect (no insults) and to listen without interrupting.
Binding decision and commitment to implement it
If parties agree on a common solution, they must commit to implementing the agreement and may ask the judge to approve it. In the event where no solution is found, parties are free to turn to the Courts.
FOR MORE INFORMATION, CONTACT
Jean- Marc BRET, lawyer and mediator
Mediation services or referral to other mediators