What is Mediation?
Mediation is a flexible structured process conducted privately and confidentially in which a third party (the mediator) help two or several parties to find a solution in order to arrive at a negotiated settlement of their dispute. The mediator can be chosen by the parties and carries out his/her mission impartially and diligently.
The mediator is a neutral facilitator and is independent from the parties. He is not a judge nor an arbitrator. The parties have control over both the decision to settle and the terms of any settlement agreement.
How to start Mediation Proceedings?
A mediation clause introduced in the parties' contract will allow and bound the parties to start mediation proceedings before going to litigation. When the parties did not put any mediation clause and would like to try mediation before going to litigation or while litigation is pending, they can start mediation proceedings in signing a mediation agreement.
Daphné d'Hennezel can provide you with a mediation agreement. For any further information contact her here.
Judicial Mediation/Conventional Mediation what is the difference?
Only some modalities of application of the process change into judicial mediation. Indeed, even if a judicial process has begun, nothing prevents the parties from trying to resolve their dispute amicably. A judge may propose to the parties to mediate in order to reach an amicable settlement to their dispute. The Mediation may intervene at any time during the trial.
The judge obtains the agreement of the parties and appoints a third person, the mediator. The parties will have a certain amount of time to try to reach a settlement agreement. If the mediation does not work, the parties will go back in front of the judge.
What are the advantages of Mediation?
Mediation if faster than any arbitration or litigation proceeding
Mediation is cheaper than arbitration or litigation
Mediation enables the parties to maintain their relationship
Mediation process allows the parties to find creative solutions to their dispute (such as renegotiating the terms of their contract)
Mediation proceedings are confidential
Suspension of limitation periods
Daphné can intervene as Mediator in French, English to help you with the management of your disputes and in particular in International disputes, Cross-Culture disputes, in Family disputes as well as Commercial Disputes.