A – Mediations

We want our mediations to be supervised in order to maintain a high level of quality of our services. The methods of preventing and resolving disputes require great confidence from the public and our customers. This trust is based, among other things, on clear rules that Justicity mediators must respect.

 

1. Freedom of choice

Mediation is a voluntary process of preventing and resolving disputes. The parties are free to accept or not to participate and they can end a mediation at any time.

The mediator must indicate to the parties that it is not he who will render a decision, but that it is up to the parties themselves to conclude an agreement, the function of the mediator being to establish the conditions so that such an agreement can be reached. emerge.

The mediator should not give legal advice on the dispute and should invite unassisted parties to consult a lawyer for advice.

 

2. Independence

The mediator must inform the parties of any personal or professional relationship that may affect his independence and comply with the parties’ possible decision to challenge him.

The mediator must refrain from passing judgment on the parties or on the dispute between them. 

The mediator must ensure that each party can express themselves freely and must maintain a balance between them. He must also ensure that neither party disrespects the other.

The mediator may terminate the mediation if there is a lack of respect or an obvious lack of cooperation from one of the parties.

The mediator must ensure the free and informed consent of the parties and he must not act in such a way as to derive any benefit from the dispute between them.

 

3. Impartiality

The mediator must act in total impartiality towards the parties and refrain from any privileged treatment of one of them.

The mediator must not receive any gift, donation, salary, promise of employment or any benefit from one of the parties.

 

4. Conflicts of interest

The mediator must not accept a mediation mandate when he is in a conflict of interest.

If the mediator learns during mediation that he is or will be in a conflict of interest. He must immediately inform the parties and withdraw from the mediation.

The mediator must not accept any mandate, work, advise, be in a business relationship or in a personal relationship with one of the parties during the mediation.

The mediator must not accept any mandate, work, advise or be in a business relationship with one of the parties for a minimum period of one year after the mediation, unless authorized in writing by the other party.

 

5. Confidentiality

Mediation is confidential only the parties and their lawyers have the right to participate. Any third party who wishes to participate in the mediation must be authorized by the mediator and the parties and in this case they must sign a confidentiality agreement.

The mediator, the parties, their representatives and advisers, the experts and any other persons present at the mediation will not disclose to third parties any information or any documents they obtain during the mediation, except when required by law.

The mediator cannot testify about mediation in arbitration or court proceedings.

The mediator will not draw up a report on the discussions held between the parties. All oral or written statements made and all settlement discussions conducted during mediation will be deemed to be without prejudice to the rights of the parties and may not be disclosed except where required by law.

The mediator must keep confidential information received by one of the parties as part of an aside, unless he is expressly authorized to do so.

The mediator may only be released from his obligation of confidentiality in cases where he is expressly authorized in writing by the parties, in the context of research or teaching work while concealing the identity of the parties or in exceptional cases. where the mediator has reasonable grounds to believe that imminent danger of death or serious injury threatens a person or group of persons or leads the mediator to believe that someone’s life is in danger.

 

6. Quality of service

The mediator must have and maintain at all times an accreditation with a public authority, a professional order or a recognized institute.

The mediator must have professional liability insurance at all times.

Before starting his mandate, the mediator must sign a mediation agreement with the parties.

The mediator must maintain and develop the skills required to conduct a mediation.

The mediator should not accept a mediation mandate if he does not feel able or competent to do so. He should also abstain if he does not feel comfortable doing so for moral reasons or for any other personal reason.

 

7. Fees

In the event that a mediator invoices his fees himself, he cannot set them according to the result of the mediation.

 

8. Procedure

The mediator must inform the parties about the progress of the mediation.

The mediator must ensure mutual respect, the fairness of the parties and promote the rapid establishment of a solution.

The mediator should not impose a solution on the parties, but ensure that it is accepted by each of them.

The mediator must not, however, accept an agreement if it causes serious and manifest prejudice to one of the parties or it is visibly unbalanced, without consideration or illegal.

If an agreement is reached after mediation, the mediator enters it in writing and sends it to the parties for signature.

The mediator is not bound to ensure the execution or the validity of any settlement agreement that may be reached by the parties.