What is a mediation ?

For MEDIATION & RESOLUTION, mediation is :

 

A negotiation assisted by a third party.

 

This means that :

 

The parties voluntarily work together to find an agreement with the help of a third party (mediator).

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The mediator is there to assist them by helping them to better communicate and build a solution together.

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The mediator does not provide the solution, neither in the form of constraint as in a court judgement, nor even in the form of an incentive or of a suggestion. He stimulates the creativity of the parties, so that they can imagine the best possible solution.

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The parties are usually assisted by their lawyers.

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Mediation offers advantages over traditional dispute resolution methods (court proceedings and arbitration): it is faster, cheaper, and more constructive. It is a collaborative process, based on the restoration of trust through communication. It should help resolve the conflict as a whole, taking into account parameters such as emotions, needs, values and interests of the parties, which are not addressed by classical procedures and thus expand the possibilities of a solution. Mediation attempts to limit the escalation of violence linked to the judicial process and should allow voluntary implementation of the agreement without enforcement problems.

The mediator must be an independent third party

i.e. he should not be bound or subject to either party.

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The mediator must be neutral

i.e.  the outcome of the dispute should have no impact on his own interests.

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The mediator must be impartial

i.e.  in the mediation he will not attempt to favour one party over another.

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Mediation is confidential

i.e.  the mediator, the parties and their counsel will not bring anything to the judge or to others on what has been said and proposed in mediation.

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These rules can be relaxed by common agreement if all parties so wish.

Team

Claude Amar

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Michèle Weil-Guthmann

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Christian Hausmann

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Thierry Garby

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