Mediation in a nutshell

Alternative method of dispute resolution, the characteristics of mediation are in perfect harmony with the necessities of economic and business life. Mediation can be simply defined as a negotiation between parties, helped by an impartial third-party. This neutral third-party, independent and impartial, is called a mediator. He does not have decision-making power, but he shall help the parties in dispute to come to an agreement to reach a settlement.

Mediation may be conventional: called out-of-court mediation, it allows the parties to settle a dispute without going to court. Mediation can be provided for by a mediation clause included in the contract, but it can also be decided by mutual agreement of the parties once a dispute arises.

Mediation may be judicial: it is then ordered by the civil, commercial or administrative judge, on its own initiative and with the agreement of the parties or at the request of them or their representatives. The Chamber may thus be appointed by order of the judge.

Mediation is a structured process that takes place in a framework that is not imposed. More informal and flexible, there are no fixed rules, other than a few instructions to follow for its smooth running. Mediation makes it thus possible to go beyond strict legal notions to share perceptions and experiences to determine the real needs and interests of the parties.

Mediation is a negotiation process based on people's freedom and responsibility. It is therefore based on a voluntary approach, engaging the responsibility of each of the parties. All exchanges shall be covered by the strictest confidentiality. Anyone may end mediation whenever they want.

Mediation makes it possible to find a solution on short notice, with a controlled cost. By making parties actors in the settlement of their disputes, mediation leads them to find the solution to their dispute themselves. It, therefore, allows the creation of a social link between the parties and avoids the violence of the confrontation of a trial.

The mediator shall intervene to ease a relationship or understanding of a situation. He shall help the parties in the search for a compromise without giving a personal opinion.

The mediator is necessarily independent and impartial, he shall not take sides, he shall not favour any point of view, and shall thus remain objective.

A successful mediation leads to the signing of an agreement or contract stipulating the future conduct of the parties. Having the value of a contract, once signed, it shall be binding.

Recognised both in domestic law and international law, mediation is now valued at several levels: in the UK, mediation is a well-recognised and accepted form of ADR (alternative dispute resolution). There is an increasing move toward encouraging the use of mediation to settle disputes, if not to make mediation a compulsory part of the dispute resolution process. At the international level, the Singapore Convention on Mediation adopted in 2018 aims to establish a harmonised legal framework intended to facilitate international trade and to promote mediation as an alternative and effective means of settling commercial disputes. Adopted by the United Nations General Assembly on December 20, 2018, signed by 55 States, including the United States, the United Kingdom, and China, this Convention remains very recent.