MEDIATION

Mediation is an amicable and confidential dispute resolution process that allows parties to preserve their business relationships by finding a solution together, without having to face the risk of litigation. A considerable advantage for companies.

Mediation is a volontary process, the parties must give their agreement to enter into mediation.

Delphine GHIGHI and her team are at your disposal, competent and qualified to accompany you, advise you and help you find a solution adapted to the specificities of your situation

1

CONFIDENTIALITY OF THE
MEDIATION
PROCESS

2

YOU CHOOSE THE
MEDIATOR

3

YOU CHOOSE
TOPICS TO BE
DISCUSSED

4

ACTIVE
PARTICIPATION OF THE PARTIES

5

TAILOR-MADE
SOLUTION

6

EASY TO
IMPLEMENT MEDIATION
AGREEMENT

7

OVER 70%
CHANCE
OF SUCCESS

8

CREATIVE
AND FAST PROCESS

UNDERSTAND

DEBATE

RESOLVE

CONFIDENTIALITY

  • Confidentiality is one of the founding principles of any mediation, allowing the parties to be reassured so that they can speak freely. During the mediation process, you can speak freely without fear.
Confidentiality has two major advantages:
  • To create a climate of trust during the mediation process. Protecting the parties after the mediation process is over.
  • Information exchanged and statements made during the mediation and the mediator's findings cannot be disclosed to third parties or subsequently relied upon or produced in a legal proceeding.
  • Even if the mediation is unsuccessful, everything said, written and produced during the mediation shall not be disclosed (except in cases of breach of public policy, where necessary for the implementation and enforcement of the solution, or if the parties so decide).
  • However, the mediated parties may decide to formalize certain documents.

CHOICE OF MEDIATOR

CONVENTIONAL MEDIATION
• The mediator is appointed by the parties to the dispute. In the event of disagreement, the parties can appoint a center specialized in mediation. We will assist you in the choice of a mediator. There are mediators specialized in technical fields (e.g.: mediator for the aeronautical industry).

• Impartiality, common sense, experience in negociation, flexibility, patience and availability are essential qualities of yhe mediator.

JUDICIAL MEDIATION
• The mediator is appointed by the judge who may hear the parties in this regard. The parties may suggest the name of a mediator to the judge. Judicial mediation requires the agreement of the parties.

• The mediator may be a natural person or a legal person (article 131-4 CPC).

THE PARTIES ARE FREE TO ADDRESS THE SUBJECTS OF THEIR CHOICE

The parties choose the topics they wish to address during the mediation process. Several topics can be addressed.
Mediation is very flexible and easy to adapt.

ACTIVE PARTICIPATION OF THE PARTIES

  • Mediation makes it possible to find a solution within a short timeframe, at a controlled cost and by making the parties actors in the resolution of their disputes.
  • Mediation gives the parties control over the outcome of the dispute. The result is all the better accepted. Indeed, it uses techniques that lead the parties to find the solution to their dispute themselves.
  • It thus allows to give back the keys of a productive dialogue between the parties, to find the most adapted solution, to settle the whole conflict in the long term, to limit the adversary's capacity of nuisance and to control the modalities of execution of the agreement obtained.
  • It restores a social link between the parties, avoiding the violence of a lawsuit, and thus preserves the continuity of the relationship, which is an indispensable asset for companies, especially when commercial or professional relations must be maintained after the dispute has ended.
  • There are no losers or winners, only winners! You find the solution to your dispute.

Mediation allows for broad creativity in the search for solutions, without being locked into the sole
application of specific legal rules or predetermined schemes. As long as they respect public
order, the agreements reached in mediation are limited only by the imagination of the parties.

CONVENTIONAL MEDIATION,
SEVERAL HYPOTHESES:

1. Absence of agreement: in this case, the parties are free to refer the matter to a judge.

2. Accord global trouvé : dans cette hypothèse, il peut être utile de faire homologuer l’accord.
(same effect as a court decision).

3. Partial agreement: the parties are free to go before a judge on the points still in dispute.

JUDICIAL MEDIATION,
SEVERAL HYPOTHESES:

1. Absence of agreement: in this case, the legal proceedings resume their course, the judge still being seized.

2. Global agreement found: in this hypothesis, it is often useful but not obligatory to have the agreement homologated.

3. Partial agreement: the judge rules on the points still under discussion.

You also have the possibility of taking legal action, and of choosing to enter into mediation at any time during the procedure, one does not prevent the other.

SIMPLICITY OF THE EXECUTION OF THE AGREEMENT

Mediation facilitates the execution of the agreement thanks to the adherence of the parties to the content of the agreement since they have participated in its construction.

SUCCESS OF THE MEDIATION

  • n 2019, the Mediators of Hauts-de-France received 147 referrals (of which 31 were handled at the national level), concerning €10 million in disputes, with a success rate of 75% for the cases handled. The unfinished cases continue into 2020.
  • According to CMAP, in the year 2018, while 32% of the 260 cases (mediation undertaken) originated from a judge's decision, 68% of the cases involved conventional, amicable mediation, where all parties deliberately chose to have recourse to mediation. "Conventional mediation is increasing, and to do so, companies are putting clauses in their contracts", says the general delegate. The terms of referral confirm the trend: 46% of companies include clauses, on a contingency basis.
  • According to a study conducted in 2016 by the Paris Mediation and Arbitration Center (CMAP), Squaremetric and Baro Alto, 90% of the companies surveyed had resorted to mediation at least once in the last twelve months and 77% of them considered this method of dispute resolution to be effective.

MEDIATION IN FIGURES IN 2018*

CMAP

*Based on 260 cases

OUTCOME OF MEDIATION

70%
of agreements on average over the last 10 years

72,5 % in mediation
intra-company

TYPE OF MEDIATION

Conventional mediation
62%

38%
Judicial mediation

TYPE OF CLAIM

WITH CLAUSE
46%

without CLAUSE
54%

ORIGIN OF THE PARTIES

52% Île-de-France

37% Regional

11% International

AMOUNT IN DISPUTE

72% > >150 000 €

36% > > 1 000 000 €

22% > > 3 000 000 €

PROFILES OF THE CHOSEN MEDIATORS

49%

from the business sector

51%

from the legal sector

Source : https://www.village-justice.com/articles/prescription-mediation-france-etat-des-lieux-action-des-juges,37375.html?fbclid=IwAR2yeALqvoqilqOKjLJDDaL5R4F-l0bV_3N-KwtXmfUKOQ0Gy24pmyaNb1U

The firm is dedicated to companies and industrialists who wish to be advised, supported, assisted and defended with conviction. The firm is committed to working with you to find new and customized solutions. You can entrust us with your most sensitive cases and together we will build a strategic, proactive and constructive approach.

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