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Mediation Guide

guide_de_la_mediation

Through a proven methodology, a neutral and impartial mediator helps parties establish the necessary conditions to restore dialogue and find a solution to their disagreement.

Mediation is a process, meaning a series of structured steps.

Behind every mediation lies a professional and rigorous methodology.

It is neither a therapeutic nor a legal approach.

The mediator’s role is to understand the conflict comprehensively, considering all aspects, whether emotional, financial, or practical.

No, it simply means that you agree to work with the other party to find a solution that meets your needs.

Listening to someone and trying to understand their perspective does not mean you agree with them.

Primarily, it is up to you, with the agreement of the other party, since mediation is about collaboration to find a mutually acceptable solution.

In this case, we refer to it as conventional mediation, meaning it is decided by the parties themselves.

Alternatively, a judge may suggest trying the mediation process before initiating judicial proceedings. This is referred to as judicial mediation.

In all cases, if a judicial procedure has already begun, the judge may suspend it during the mediation. You can resume it if an amicable agreement is not reached.

Neither a judge nor a legal advisor, the mediation professional has no personal stake in the outcome of your conflict. This neutrality enables them to give equal attention to both parties. They ensure at all times that everyone is treated fairly. A specialist in dialogue, they create a confidential and secure space, allowing you to express what matters to you and to hear what matters to the other party. This helps to reestablish a constructive dialogue.

The methodology used by mediators ensures a safe space where each party is treated equally, with the same rights and responsibilities.

The mediator’s role is precisely to help everyone express what they wish to say and to ensure that each party has ample time to do so without being interrupted or pressured.

The mediation process is confidential. Confidentiality applies to all exchanges that take place in the presence of the mediator.

Furthermore, the law stipulates that the mediator cannot, under any circumstances, be called to testify if the conflict is later addressed through the judicial system.

Mediation is sometimes requested by a court or an employer. In such cases, the only obligation is to inform the referring party that the mediation took place, without providing any details.

Many mediations result in an agreement within just a few hours. On average, mediation takes approximately 8 hours, depending on the number of parties involved and the complexity of the conflict. Typically, all sessions are completed within three months.

If mediation does not lead to a mutual agreement between you and the other party, you can choose to pursue another amicable procedure or initiate a judicial process to resolve your dispute.

As a standard practice, our office commits to providing free follow-up support for three months to assist you in implementing the agreement you mutually decided upon.

During the initial contact, you will have the opportunity to ask questions, explain your situation, and determine if mediation is suitable for your case.
It is also a chance to assess whether you feel comfortable with the mediator and whether this approach works for resolving your conflict.
If you don’t feel at ease, don’t hesitate to reach out to another professional. The success of mediation relies on a relationship of mutual trust.

Mediation is suitable for individuals, groups, businesses, organizations, and communities.

This applies to personal relationships: shared ownership, inheritance disputes, arranging care for a vulnerable relative, guardianship issues, challenges with grandparents, sibling disputes, disagreements between parents and their adolescent or adult children, for example.

It also applies to professional and commercial relationships: unpaid invoices, dissatisfied clients, delays in project delivery, conflicts between partners, defective or undelivered goods, disagreements between two companies, neighbor disputes, or difficulties with a colleague or manager.

Mediation can be initiated at any time during a civil, social, commercial, or criminal dispute.

It can be started before a problem arises or before it escalates. It is particularly relevant when communication is difficult, has failed, or has not resolved the disagreement.

Mediation can occur at any stage of a legal process. Legal proceedings may be paused for mediation and resumed if no amicable agreement is reached.

Mediation is a structured but flexible process. The mediator ensures that you are in the best possible conditions to express yourself and work with the person you are in conflict with.

To address your concern, arrangements can be made to avoid face-to-face meetings if this is too difficult for you.

Experience shows that once you have expressed yourself and heard what the other person needs to share through the mediator, dialogue can often be restored. This offers you the opportunity to cooperate and find solutions together.

However, remember that the core principle of mediation is open dialogue and the choice to seek resolution rather than confrontation.

If mediation is not suitable, other alternatives to legal action, such as arbitration or conciliation, are available.

The mediator is a trained professional whose role is to ensure the mediation process is conducted in a way that allows each party to decide how to resolve their disagreement.

The mediator understands the legal framework but does not provide personal opinions or advice.

While not a specialist in your specific field, the mediator is an expert in communication and inquiry, helping to clarify the disagreement, uncover key issues, and identify your interests and needs so you can make informed decisions. The mediator then guides you through negotiating an agreement.

The mediator is independent and neutral, which means equal attention is given to all parties involved.

It is your responsibility to have the agreement reviewed by an expert or lawyer if you feel it is necessary. Once an agreement is reached, you take a moral commitment to implement it. If desired, you can request court approval, giving it legal enforceability.

You commit to acting in good faith and not withholding key information that could affect the understanding or resolution of the disagreement.

You agree to listen and try to understand the other party’s perspective.

You are willing to collaborate with the other party to explore possible solutions and negotiate the one that works best for both.

You commit to maintaining the confidentiality of everything discussed during the mediation process.

The key difference lies in the freedom of choice.

  • Judicial Proceedings: In a legal settlement, the judge decides based on the law and cannot consider personal elements of each party. Their decision is binding for both parties.
  • Arbitration: The arbitrator listens to both parties and proposes a solution that is proven and aligned with established rules in the relevant field.
  • Conciliation: The conciliator hears both parties and proposes potential solutions.
  • Mediation: In mediation, the parties are in control. The mediator, leveraging their expertise in communication and conflict resolution, helps both parties express what is important to them and guides them toward a mutually acceptable solution. In mediation, the conflicting parties themselves find the solutions, and the mediator does not propose any.

Mediation is a faster and more cost-effective way to resolve disagreements. When you file a lawsuit, you have no control over when your case will be heard or what the judge’s decision will be.

Even if you choose to be assisted by a lawyer or have your agreements reviewed by legal counsel, the total cost is much lower with mediation.

If you are considering mediation, it is likely because the discussions you have had so far have not led to an agreement.

The mediator can help by creating conditions that foster trust, allowing you to work together and find a mutual solution.

Mediators adhere to a strict code of ethics, which you can find here.

  • The Principle of Free Choice for Parties
    Anyone participating in mediation can decide to stop at any time without justification and without consequences. The agreement you reach with the other party will be tailored to meet your mutual needs.
  • The Principle of Confidentiality
    Everything exchanged between the mediator and the parties is strictly confidential and cannot be used as testimony. This applies from the very first contact with the mediator. Similarly, the mediator cannot be called to testify in judicial proceedings related to your dispute.
  • The Principle of Independence: Neutrality and Impartiality
    The mediator is a neutral third party, meaning they do not take sides and give equal attention to all parties. They ensure they have no connection to either the parties involved or the issues being mediated.

You can call directly or schedule an initial consultation, which is free and without obligation.

During this call, the mediator will answer your questions, explain the different steps, and ensure that you are ready to commit to mediation.

If you choose to proceed with the mediation process, you can propose the mediation yourself or ask the mediator to make the proposal to the other party.

  • Grandparents unable to see their grandchildren due to a dispute with their son/daughter or son/daughter-in-law.
  • A daughter-in-law or son-in-law preventing relationships between adult children and their parents.
  • Cousins estranged after a disagreement over shared property.
  • Siblings no longer speaking after an inheritance dispute.
  • Stalemates over shared ownership within a family.
  • Siblings arguing over the care of an elderly or disabled parent.
  • A tradesperson and a client unable to agree on payment.
  • A poorly managed business transition within a family.
  • An individual struggling with an insurance company to claim their rights.
  • A conflict with a credit institution.
  • An elderly person and a nursing home.
  • An individual and a healthcare facility.
  • Neighbour dispute.
Dessin d'une personne qui est sauvé grâce à la médiation

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