Médiation
What is Mediation?
- Mediation is an amicable dispute resolution process based on the mutual agreement of the parties throughout the process.
- The purpose of this process is to remain flexible; its main goal is to help the parties preserve the quality of their relationships while respecting their mutual rights and interests.
- Mediation is subject to strict confidentiality rules.
The Role of the Mediator:
The mediator acts as a neutral, impartial, and independent third party whose sole role is to facilitate dialogue between the parties, enabling them to find an amicable, informed, and mutually agreed-upon solution to their dispute.
The mediator has no judicial power: they cannot decide the dispute or impose a solution on the parties. They do not provide legal advice.
Obligations of the Parties:
The parties commit to resolving their dispute in good faith through mediation.
They agree to attend mediation meetings with respect and openness to one another.
Mediation Procedure:
Mediation sessions, lasting approximately 2 hours, are held in plenary meetings, meaning in the presence of the parties, their legal advisors if applicable, and the mediator, in a neutral location: either at the professional offices in EXCIDEUIL (24160), 47 avenue Eugène Le Roy, or at the Chambre des Notaires of Dordogne, 36 rue Louis Mie in PÉRIGUEUX (24000).
The parties agree to complete the mediation process within 3 months from the date all parties agree to enter mediation.
If the parties agree to enter mediation, the case, which remains on the docket, will benefit from a priority hearing to approve the agreement at the end of the process.
End of Mediation:
Mediation will end in one of the following ways:
- By reaching an agreement between the parties, which will outline the terms and conditions that the parties agree to fully execute;
- By interruption of the mediation process by either party without needing to justify the decision in any way;
- At the initiative of the mediator if the conditions to reach an amicable solution do not seem to be met.
Agreement Between the Parties
If the parties reach an amicable agreement and wish to formalize it, the agreement will be drafted by the parties themselves or their legal advisors.
To make it legally binding, the parties may ask a notary of their choice — excluding the mediator-notary — to formalize the agreement in authentic form;
Or, if one of the parties wishes to request court approval of the agreement: this approval may be requested by the more proactive party before the competent court, according to one of the procedures provided for in Articles 131-12 or 1441-4 of the French Code of Civil Procedure.
The mediator is not a party to the agreement, nor its signatory or drafter.