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 conduct of extra-judicial mediation (médiation conventionnelle) is a matter of practice. No written provision governs its rules. The Ministry of Justice briefly presents the process as follows: "Extra-judicial mediation takes place in 4 stages:

- statement of facts by each party so that the mediator knows the origin of the conflict;

- identifying the parties' interests and needs, through sep …

The conduct of extra-judicial mediation (médiation conventionnelle) is a matter of practice. No written provision governs its rules. The Ministry of Justice briefly presents the process as follows: "Extra-judicial mediation takes place in 4 stages:

- statement of facts by each party so that the mediator knows the origin of the conflict;

- identifying the parties' interests and needs, through separate interviews if necessary;

- enumeration by the mediator of the solutions considered by the parties;

- production of the memorandum of understanding (or settlement agreement) signed by the parties.

Extra-judicial mediation, like judicial mediation, is subject to the principle of confidentiality under the conditions and according to the methods provided in Article 21-3 of Law 95-125 of 8 February 1995. It follows that the mediator's findings and the statements collected during the mediation cannot be disclosed to third parties nor invoked or produced in the context of judicial or arbitral proceedings without the parties' consent. A document is covered by confidentiality only if it was prepared during a procedure of extra-judicial mediation or conciliation. A court cannot therefore, in order to automatically exclude a draft memorandum of understanding drawn up by a company from the proceedings, hold that this document, which proves that an attempt was made to settle a dispute amicably, is subject to a confidentiality obligation, without carrying out such a verification .

However, there are two exceptions to the principle of confidentiality. This principle does not apply, in effect, when compelling reasons of public policy or reasons related to the protection of the best interests of the child or the physical or psychological integrity of the person require it, or when the disclosure of the existence or the content of the agreement resulting from the mediation is necessary for its implementation or enforcement .

Cass. 3e civ., 11 July 2024, LawLex202400005797JBJ.

Law No 95-125 of 8 February 1995 on the organization of the courts and on civil, criminal, and administrative procedure, Art. 21-3, OJ of 9 February 1995.

6. Alternative Dispute Resolution

15. Mediation process

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Les notions juridiques connexes

15. Mediation process

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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