Mediation
28 October 2019
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Mediation as an alternative solution for resolving conflicts (*) |
The accompaniment
Civil and commercial mediation is an amicable, voluntary and confidential dispute resolution process. It allows the persons or parties concerned to resolve a disagreement without having to take the matter to court. The task of the mediator is to facilitate communication and facilitate negotiations between them, in order to help them find their own solution to their dispute. So he is not intended to decide or advise. He is the guarantor of the process.
The objectives
The objective of civil and commercial mediation is to assist the parties in conflict to reach a negotiated solution in accordance with their respective interests. The advantages are numerous: Time saving, Controlled cost, Confidentiality of exchanges, Preservation of the relationship, Complete mastery of the solution.
The process
The functions of the mediator are to animate and to conduct the process. The duration of the mediation depends on the willingness of the parties, who set a schedule with the mediator. Separate interviews can be carried out if necessary.
Mediation takes place in 4 stages:
• Statement of facts by each party
• Explicitation of interests and needs of the parties
• Enumeration of possible solutions
• Determination of the solution chosen with elaboration of a written agreement, if any.
(*) This prestation is only proposed in France.