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 mediator appointed by the court is responsible for hearing the parties and comparing their points of view to enable them to find a solution to the dispute. Therefore, as soon as he has received the provision, the mediator may summon the parties to the place, and at the date and time he determines (Art. 1535 Code of Civil Procedure). Although he or she has no powers of investigation, they may,  …

Powers of mediator

The mediator appointed by the court is responsible for hearing the parties and comparing their points of view to enable them to find a solution to the dispute. Therefore, as soon as he has received the provision, the mediator may summon the parties to the place, and at the date and time he determines (Art. 1535 Code of Civil Procedure). Although he or she has no powers of investigation, they may, with the agreement of the parties and for the purposes of mediation, hear third parties who consent to this (Art. 1535-1 CPC). The mediator may not be appointed, during the same proceedings, to carry out an investigative measure.

The mediator does not have judicial powers . He or she informs the court of the success or failure of the mediation, and in the event of an appeal in cassation, this information is communicated by the mediator before the date of the hearing set by the president of the court (Art. 1535-4 CPC).

Mediation is governed by the principle of confidentiality. Unless otherwise agreed by the parties, everything said, written, or done during the mediation is confidential (Art. 1528-3 of the CPC). Consequently, the findings of the mediator and the statements collected during the mediation may not be disclosed to third parties, nor invoked or submitted in judicial or arbitral proceedings without the parties’ consent. However, documents produced during amicable settlement hearings, conciliation proceedings entrusted to a judicial conciliator or mediation are not covered by confidentiality (Art. 1528-3 CPC). The provision also provides for exceptions to the principle of confidentiality in the presence of compelling reasons of public order, grounds related to the protection of the best interests of the child or the physical or psychological integrity of the person, or when the disclosure of the existence or content of the agreement resulting from mediation is necessary for its implementation or enforcement. While the production in court of documents prior to mediation  or cheques handed over directly to the creditor during the proceedings  are not covered by the principle of confidentiality, the same does not apply to the preliminary report drawn up by a mediator when the other party has not consented to it and none of the legal exceptions has been raised . In the event of a breach of the obligation of confidentiality in mediation, the court must, if necessary, exclude from the proceedings any documents produced without the consent of the opposing party .

Cass. 2nd civ., 16 June 1993, LawLex202200011417JBJ.

 CA Bordeaux, 23 June 2015, LawLex202400009325JBJ.

CA Paris, 12 June 2015, LawLex202400009326JBJ.

CA Bordeaux, 22 May 2019, LawLex202400009324JBJ.

Cass. 2nd civ., 9 June 2022, LawLex202200009298JBJ.

6. Alternative Dispute Resolution

20. Powers of mediator

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

20. Powers of mediator

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise