Mediation, is “a structured process” at the conclusion of which it is the Parties themselves that decide on the content of their agreement, in contrast to judicial proceedings at the conclusion of which it is the court or a third party, who decides for the Parties.
There are different kinds of mediation depending on its nature; mediation can be:
- Contractual mediation: in general, this is used either before the conflict, or when the conflict occurs.
- Judicial mediation: this can be used at any stage of the process, either on the initiative of the parties or on the initiative of the court.
There are different kinds of mediation depending on its field; it may be family, social, or company mediation (inter-company, or intra-company).
Mediation can only be achieved with the assistance of a third party, the mediator, who will have enabled the parties:
- To re-establish a relationship and restore trust between each other,
- To understand the origin of their differences and find a solution.
The mediation process relies:
On the rule of secrecy and total confidentiality which must be respected: in other words, nothing can be said outside of it and no document taken out of the mediation meeting without the agreement of the other party.
For the mediator
Regarding the rule of neutrality of the mediator: the mediator specifies that he will never take sides in favour of one or other party.
For the parties
Regarding the rule of courtesy which applies for all exchanges between the parties, and even if ultimately they are still in disagreement; this is so as to be able to have relations based on Respect for the Other party.
Regarding the rule of listening to the Other without interrupting.
L’accord trouvé pourra rester, si les parties le souhaitent confidentiel. Les parties, pourront là encore si elles le veulent, en solliciter l’homologation. Cet accord vaut transaction au sens des articles 2044 à 2052 du Code Civil.
The agreement found may remain, if the parties so wish, confidential. The parties may, again, if they so wish, ask for official confirmation of it. This agreement is considered to be a transactional settlement within the meaning of Articles 2044 to 2052 of the Civil Code.
- A time saving compared to resolution of a conflict through the judicial channel.
- A cost saving since the cost of mediation for the parties is generally lower than that of judicial proceedings,
- It allows dialogue between the parties to be restored,
- It allows the relationship between the parties to be rebuilt,
- It allows the parties to clarify their needs and to have a constructive approach to resolving the conflict.
- The parties themselves find and choose the solution to put an end to their disagreement and agree on the content of their final agreement,
- Restoration of the relationship respecting the other party will have enabled it to “restore the image” of the other party and to be perceived positively by its entourage, i.e. friends, family, or in the company by work colleagues, management and possibly service providers if the disagreement was with a supplier.
- They agree to question what they do,
- To engage in listening and show respect for the other party,
- And allow everyone to emerge “stronger” from this conflict.