Definition. Mediation is a process by which you attempt to reach an agreement with the help of an impartial, neutral, competent and diligent third party (Article 1530 of the French Code of Civil Procedure).
- It is a voluntary process that cannot be imposed on you. You are free to enter and leave it at any time, without having to justify your decision.
- A neutral and independent third party (the mediator) must be present. They set the framework for your discussions and support you in seeking an agreement.
- It has a consensual purpose: reaching an agreement between you at the end of negotiations conducted in a non-violent setting.
This process is strictly confidential. This confidentiality applies to both discussions and documents submitted and is absolute. No document will be admissible if legal proceedings are later initiated.
When and why should mediation be proposed?
Mediation may be initiated by you, advised by your lawyers or proposed by the judge.
It is useful when it is in your interest to maintain a peaceful relationship (e.g., parents in the context of a divorce, heirs in the context of an inheritance, etc.) and, above all, it allows you to avoid lengthy, complex and costly litigation.
Mediation is possible when it comes to reaching an agreement concerning rights that you are free to dispose of (e.g., allocation of the marital home).
The stages of the mediation process
Mediation follows a structured process:
- You explain your situation individually and then jointly to the impartial third party;
- You clearly identify your disagreements and your respective needs;
- With the mediator’s help, you develop a set of possible solutions.
If there is an agreement, you formalize it (by a lawyer’s deed [acte d’avocat], a private deed [acte sous seing privé], a protocol, etc.) so that it can potentially be approved by the judge (homologation).
In the event of failure, you can initiate or resume litigation, but the elements of the mediation cannot be used (principle of confidentiality).
The different types of mediation
Conventional mediation (médiation conventionnelle) takes place outside the judicial framework: you freely choose to use it outside of any proceedings.
Judicial mediation (médiation judiciaire) takes place within court proceedings: it can be ordered by the judge or requested by the parties in order to resolve the dispute amicably, in whole or in part.
Maître Gaëtan Escudey, in his capacity as mediator or as a lawyer assisting clients in mediation, is available to guide you through a mediation process.
This general information does not replace a consultation: each situation requires individual assessment.
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