Introduction

Process of extra-judicial mediation

Mediation process

Extra-judicial mediation

Organization of judicial mediation

Process of judicial mediation

Judicial mediation

Mandatory mediation

Mediation

Organization of extra-judicial conciliation

Conduct of extra-judicial conciliation

Extra-judicial conciliation (conciliation conventionnelle)

Organization of judicial conciliation

Process of judicial conciliation

Judicial conciliation

Mandatory conciliation

Conciliation

Agreement for participatory procedure

Conduct of the procedure

Participatory procedure for the purpose of amicable resolution

Conditions for validity

Conciliation conducted by judge

Approval (homologation)

Acquisition of enforceable status

Agreement of the parties

6. Alternative Dispute Resolution

To proceed with the attempt at conciliation, the judicial conciliator summons  the parties as needed to the place, day, and time he determines (Art 1535 CPC). They may be assisted before him by a person qualified to do so before the court that delegated the conciliation (Art. 1535-2 CPC).
In its guide on judicial conciliation, the Directorate of Judicial Services of the Ministry of Justice emphasi …

Role of the conciliator

To proceed with the attempt at conciliation, the judicial conciliator summons  the parties as needed to the place, day, and time he determines (Art 1535 CPC). They may be assisted before him by a person qualified to do so before the court that delegated the conciliation (Art. 1535-2 CPC).

In its guide on judicial conciliation, the Directorate of Judicial Services of the Ministry of Justice emphasizes that the conciliator, in the exercise of their mission, must adhere to several principles. They must first demonstrate impartiality, meaning they must refrain from taking sides with either party and from intervening when they have a personal interest in the dispute or when

parents or friends are involved in the conciliation. The conciliator must then respect the adversarial principle, allowing each party to express their grievances and point of view, even if separate hearings are possible at certain stages of the process. The conciliator must also seek a compromise in equity. Each party must make an effort towards resolving the dispute, in a spirit of calm dialogue, to find the best solution. Finally, the conciliator is bound by the principle of confidentiality, which is both an ethical obligation and a tool to foster the creation of an agreement between the parties, assured that they can express themselves freely.

Although conciliator do not have investigative powers, they may, with the parties’ consent, visit the premises and hear any person whose testimony he considers useful, subject to that person's agreement (Art. 1535-1 CPC).

The judicial conciliator must keep the court informed of any difficulties encountered in fulfilling their mission, as well as the success or failure of the conciliation (Art. 1535-4 CPC).

Whereas the parties are"invited" in extra-judicial conciliation (conciliation conventionnelle).

6. Alternative Dispute Resolution

34. Role of the conciliator

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Les notions juridiques connexes

34. Role of the conciliator

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Les notions juridiques connexes

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