Mediation 3.0

Those involved in mediation are: 

– the parties with a problem to resolve,

– any lawyers: in a different but potentially decisive role,

– the Mediator: neutral, independent and impartial, in the interests of all the parties,

– the Judge: can order the parties to enter mediation or invite them to do so (except where mediation is compulsory),

– possibly, any person not directly involved in the problem who could play a role in resolving the dispute, face-to-face or otherwise.

Mediation can be initiated at any time: 

– as soon as a disagreement arises between the parties, even if there is no conflict

– on the joint decision of the parties

– at the request of only one of them, by any means, accepted by the other

– before or after formal notice

– whether or not there is a mandatory contractual mediation clause, 

– but necessarily before any legal proceedings, if the contract provides for a valid mediation clause, otherwise: inadmissible, impossible to regularize, risk of statute of limitations

– at any time before or in the middle of legal proceedings

– whether or not invited by a judge during proceedings

– even after a court decision has already been handed down

– never, if the parties are not willing and/or the dispute does not lend itself to mediation

The Mediator must be appointed by the parties: once “around the table”, there is more than a 70% chance of success in the presence of a certified professional Mediator (source: CMAP).

The methodology is key: 

In the presence of a trained and certified mediator, a precisely codified methodology is implemented to gather information from and support the parties in this process, without omitting any useful aspect, in particular: 

– the emotional, economic, technical or legal components of the dispute,

– the specific situations of the parties, whether directly linked to the dispute or not.

By scrupulously respecting this methodology, the Mediator offers the parties a confidential framework for expression and exchange, enabling them to find a common motivation to build a solution “from the bottom up”, and this will be their taylor-made solution. In reality, the agreement sometimes – indeed often – finds its balance beyond the initial dispute.

The “miracle” of mediation is that the parties may identify external elements that will enable them to reach a much better solution than a court decision, in the interests of all parties to the dispute.

L’accord de médiation, signé numériquement, sera définitif et aura force obligatoire… Comme une décision de Justice, mais en mieux.

The mediation agreement, signed digitally, will be final and binding… Like a court decision, but better.

Mediation3.0 is a mediation: 

– whose plenary meetings are held face-to-face or not and, 

– with possible episodes of video-mediation outside the face-to-face setting.

This visio component is enhanced by various methods and tools designed to speed up and optimize the resolution of disputes, which are the hallmark of #Mediation3.0.

– The parties’ creativity leads to responses that were unthinkable at the outset.

– It is the re-establishment of dialogue, the exploration of fundamental needs and hidden interests that widens the field of possibilities.

– Commercial relations may or may not be re-established, but the solutions will meet the fundamental needs expressed.

– The agreement signed has the force of res judicata: it can be enforced in court.