What is mediation ?

The principle

Among the Alternative Dispute Resolution Methods, mediation is the most efficient, because it has an attribute that the other methods do not have, that of allowing the parties to continue a relationship. Mediation is perfectly suited to those who wish to maintain a professional relationship despite a dispute.

For example, for partners, business relations, employers and employees, co-owners, etc. The talent of our mediators makes it possible to reach an agreement which satisfies all the parties and which can be homologed by courts. Mediation uses complex communication techniques to allow the parties to express their real needs which, once identified, can be remedied by solutions that the parties themselves have suggested.

A successful mediation will result in the conclusion of an agreement which can be homologated by the court.

Mediation is a voluntary process, all parties must agree to it. Each party can be assisted by a lawyer if they wish.

The stages of mediation

1. Concent of mediation

Mediation is a voluntary process, all parties must agree to it. Each party can be assisted by a lawyer if they wish.

2. Signature of the mediation agreement

To be able to start the process, each of the parties should sign the mediation agreement which governs it, and set its limits and objectives. Mediation is strictly confidential.

3. Payment of mediation fees

Our prices are clear and announced in advance. You have the option of stopping the mediation or extending it if you wish. You can share these costs with other party.

4. The choice of the day of mediation

Experience shows that the closer a mediation is in time, the more likely it is to succeed. However, it will be necessary to find a date common to the parties and the mediator. Avoid non-contiguous dates as much as possible, this harms the process.

5. Premediation

At the beginning of mediation, the mediator will speak alone with each of the parties. During this period, you can clearly express your needs in a confidential manner.

6. Mediation

This is the most important period, the mediator is not a judge, he will listen and lead your negotiation in order to eliminate the sticking points and find common points to finalize the agreement. The mediator can hear you alone for a while if he considers it necessary. This will help the mediator understand the context.

Here is how the different phases of mediation work:

The four phases of mediation according to the stages of negotiation Fisher and Ury, 1982

7. Signing an agreement

A written agreement setting out the elements of the transaction will be signed by the parties and will be given to you. Remember that this agreement will guarantee the continuation of the long-term relationship.

8. Homologation

You have the option of having your agreement homologated by the court, for an additional fee. This procedure will allow you to enforce the agreement in the event of non-compliance with it.

Ready to submit your file ?

wpChatIcon
wpChatIcon