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's role is to hear the parties and engage their respective positions in order to find a solution to the conflict between them . However, unlike a conciliator, the mediator cannot draft the agreement but can only act as a facilitator. Mediators are required to perform their duties with impartiality, competence, and diligence (Art. 1530-3 CPC). …

Role of mediator

Mediation requires the intervention of a mediator, who is in principle a paid third party and cannot be a judge or a judicial conciliator. The mediator may be a natural or legal person. If the mediator is a legal person, it must designate, with the agreement of the parties, the natural person responsible for carrying out the mediation (Art. 1530-2 CPC). In all cases, the parties may choose an ad hoc mediator or a person listed on the roster of mediators prepared by each Court of Appeal as provided in Article 22-1 A of the law of 8 February 1995 . They may also resort to a mediation center . The act of appointing the mediator must specify, in particular, the duration of the mediation, the mediator's remuneration, the conduct of the mediation process, etc.

The appointed mediator must not have been subject to any conviction, incapacity, or disqualification as per Bulletin No 3 of their criminal record status. They must possess, through current or past professional activity, the required qualification with regard to the nature of the dispute or justify, as the case may be, training or experience suited to the practice of mediation (Art. 1530-2 CPC). 

Law No 95-125 of 8 February 1995 on the organization of courts and civil, criminal, and administrative procedure, OJ of 9 February 1995.

Certain mediation centers and associations are listed by the Courts of Appeal, such as the Association des médiateurs européens (AME), created in 1999 at the initiative of the Paris Bar.

The mediator's role is to hear the parties and engage their respective positions in order to find a solution to the conflict between them . However, unlike a conciliator, the mediator cannot draft the agreement but can only act as a facilitator. Mediators are required to perform their duties with impartiality, competence, and diligence (Art. 1530-3 CPC).

See by analogy, Code of Civil Procedure, Art. 131-1, para. 2, concerning judicial mediation.

6. Alternative Dispute Resolution

14. Role of mediator

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Les notions juridiques connexes

14. Role of mediator

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Les notions juridiques connexes

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