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

When judicial mediation results in an agreement between the parties that puts an end to their dispute, this agreement may be recorded in a document signed by the parties. In this case, the mediator certifies that the agreement is the result of mediation (Art. 1535-7 CPC).
At any time, the parties, or the most reactive among them, may submit the agreement resulting from the mediation to the court f …

Agreement of parties or intervention of court

When judicial mediation results in an agreement between the parties that puts an end to their dispute, this agreement may be recorded in a document signed by the parties. In this case, the mediator certifies that the agreement is the result of mediation (Art. 1535-7 CPC).

At any time, the parties, or the most reactive among them, may submit the agreement resulting from the mediation to the court for approval in order to make it enforceable . However, in the absence of proof of the agreement of all participants, the court will reject the request for judicial ratification .

The judge may terminate the mediation at any time at the request of one of the parties or on the initiative of the mediator. The court may also order the termination of the proceedings ex officio if the mediation appears to be compromised or has become pointless (Art. 1535-5 Code of Civil Procedure). In all cases, the case must first be brought before a hearing to which the parties are summoned by the court registry by registered letter with acknowledgement of receipt. At this hearing, if the judge terminates the mediator's mission, it may continue the proceedings. The mediator is informed of the decision. Before the Court of Cassation, the case is called on the hearing date set by the president of the panel to which it was initially assigned. In all cases, the court may not render a judgment on the merits without first holding a hearing with a view to terminating the mediation in  progress .

CA Paris, 25 January 2023, LawLex202400003045JBJ; CA Nîmes, 14 February 2019, LawLex202400003044JBJ.

For an illustration, see Cass. 3e civ., 24 September 2020, LawLex202400009327JBJ.

Cass. soc., 14 January 2014, LawLex202300000883JBJ.

6. Alternative Dispute Resolution

21. Agreement of parties or intervention of court

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21. Agreement of parties or intervention of court

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Les notions juridiques connexes

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