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

The Programming and Justice Reform Law No 2018-2022 of 23 March 2019  has allowed the court no longer to merely propose but to order the parties to meet, within a period determined by the court, with a mediator responsible for informing them of the purpose and procedure of mediation. This injunction is enshrined in law in Article 1533 of the Code of Civil Procedure, which specifies that in the injunction decision, the judge may make the measure conditional upon the mediator obtaining the consent of the parties.

The court's mediation ruling constitutes a measure of judicial administration that is not subject to appeal .

Mediation may also be ordered at any stage of the proceedings, including in interim proceedings or before the Court of Cassation .

Judicial mediation may concern all or part of the dispute and does not in any way divest the court, which may take any other measures it deems necessary at any time.

Judicial mediation suspends the expiry period of the proceedings.

Law No 2019-222 of 23 March 2019 on the 2018-2022 programming and reform for justice, JORF No 71 of 24 March 2019.

See, for applications, Cass. 1re civ., 7 December 2005, LawLex202300000866JBJ; Cass. soc., 5 April 2023, LawLex202400003017JBJ.

For an illustration, See Cass. com., 22 June 2022, LawLex202300000004JBJ.

16. Principle