DISPUTE PREVENTION & MANAGEMENT: CONCILIATION, MEDIATION, RESTAURATIVE JUSTICE, AMICABLE METHODS
Mediation, conciliation, and interest-based negotiation enable the emergence of concerted solutions in all fields with a clear, confidential, and secure process.
A mediation process can be initiated at any time: before, during, or after a dispute arises with one or more parties.
The parties have provided for a clause in their contract or decide by mutual agreement or at the request of one of them to submit a dispute to mediation
Conventional Mediation :
The parties have already taken the matter to court and decide to suspend the proceedings to call on a mediator. This process suspends the statute of limitations
Judicial Mediation :
• Strategic Litigation • Environmental and Human Rights • Partner Disputes• Commercial Disputes: commercial leases, termination of commercial relationships, acquisition projects, infrastructure • Workplace Disputes • Health Sector Disputes: practitioners, patients, hospital environment • Maritime Mediation : fishing, yachting, offshore activities, sponsorship, sailing competitions • Professional mediation (management, employment law, in-company conflit, management) • Dispute board • Negotiated Criminal Justice and Criminal Mediation • Administrative Mediation (public procurement) • Conciliation
WHAT IS MEDIATION ?
Mediation is based on strong principles
The central element of mediation, parties are fully engaged in building a solution tailored to their needs All information exchanged during mediation is strictly confidential. The mediator assists the parties in constructing the solution best suited to their needs The mediator does not take sides with either party The mediator don't know the parties and has no conflict of interest
• The Will of the Parties :
• Confidentiality :
• Mediator Impartiality :
• Mediator Neutrality :
• Mediator Independence :
WHEN TO INITIATE MEDIATION ?
HOW DOES MEDIATION WORK ?
Amicable Methods Adapted to All Areas :
At the request of the parties or the judge in ongoing proceedings, the mediator contacts each party to confirm their choice to enter mediation. The consent of both parties is required and must be renewed at each stage of the process. The mediation agreement is then signed, defining the principles, the process, and the distribution of the mediator’s fees. The mediator schedules a time to exchange with each party to express their respective needs and expectations, understand the context and issues of the dispute. This preparatory work takes place via phone conference or in person, strictly confidentially. It is a key step in the implementation of the mediation process, which aims to prepare the parties to enter mediation. A collective session is organized with the parties, their lawyers, or any other third party who may contribute to finding a solution. This meeting takes place in person and is orchestrated around collective exchanges and side meetings. At the end of the mediation, if the parties have reached an agreement, this agreement is formalized in writing with the help of the parties’ lawyers. If, on the other hand, no agreement is reached, the mediator informs the judge in the context of judicial mediation, and the procedure, whose deadlines have been suspended by the mediation, resumes. At the request of the parties, the mediation agreement may be subject to a judicial approval procedure, giving the agreement the same enforceability as a judgment. In practice, this approach is rare, and the parties who reach an agreement spontaneously execute their commitments. This is the strength of mediation.
Contacting the Mediator :
Individual Interviews :
Mediation Meeting :
Mediation Agreement :
End of Mediation :
LEGAL ADVICE & STRATEGY
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CIVIL, COMMERCIAL & CRIMINAL LITIGATION
