Mediation

Saly BOU SALMAN trained in mediation for 2 years, and obtained the University Diploma in Mediation from the Catholic Institute of Paris.

Alternative dispute resolution (ADR) has developed exponentially in recent years, given the congestion of the courts.

Before considering taking a dispute to the courts, parties can try to find a solution through ADR.

These different methods can be divided into three categories:

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Negotiation

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Conciliation

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Mediation

What is mediation?

Mediation is a process whereby two or more parties attempt to reach a mutually acceptable solution to a dispute within a short timeframe, with the help of a third party, the mediator, chosen by them or appointed with their agreement by the judge hearing the case. 

There are two types of mediation: 

  • Conventional: i.e. outside the scope of any legal dispute, by the simple choice of the parties who wish to appoint a mediator to settle their dispute amicably;
  • Judicial: in this case, mediation is ordered by a judge who directly appoints a mediator. 

The parties are under no obligation to accept mediation if they do not wish to do so. 

If the mediated parties reach an agreement, a deed is drawn up and the judge can approve the agreement if the parties so wish.

What is a Mediator?

A Mediator is a professional trained and qualified in mediation, who will help the parties find their own solutions.

Unlike a conciliator or judge, the Mediator will never impose a solution on the mediated parties. 

The Mediator’s primary aim is to create or recreate a bond, and restore trust between the parties. 

He will help the mediated parties to find their own solution, using a number of tools at his disposal and for which he has been trained. 

The mediator is a professional, neutral, impartial and independent. He is bound by the principle of confidentiality.

Why to choose mediation?

There are many advantages to mediation.

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Confidentiality

Mediation is first and foremost confidential, meaning that everything said in mediation is subject to confidentiality.

Mediated parties and all those involved in the mediation process must sign a confidentiality agreement at the start of the process.

Unlike a court decision, the outcome of mediation will not be made public.

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Quick procedure

Generally speaking, mediation is much quicker than legal proceedings.

Legal action takes much longer than mediation.

Parties can generally obtain a solution to their dispute much more quickly, provided all parties are diligent.

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Cheaper procedure

Mediation is less costly than legal action, since the mediated parties share the mediator’s expenses.

This principle reinforces the mediator’s impartiality and neutrality towards both parties.

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Keeps relationships alive

In 70% of cases, mediation leads to an agreement between the parties, who can be assisted by their lawyer during the mediation process.

This process helps to bring lasting peace to relations between the parties, particularly in areas where relationships are likely to be long-lasting (family ties, long-standing commercial contracts, etc.).

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Voluntary and unrestricted procedure

Unlike legal proceedings, mediation is not imposed on either party.

Mediation is a voluntary process in which the parties have chosen to participate.

The parties may leave mediation at any time, or terminate it if they feel that no solution can be found. Mediated parties may at any time choose to take legal action if they feel that mediation is not going to be successful. 

For more information on mediation, please contact Saly BOU SALMAN directly.

For further information on mediation, please contact Maître BOU SALMAN directly via the contact section.