How a mediation process takes place?

The parties begin by choosing together a mediator. At the time of their first meeting, they agree with the mediator on a contract which determines the purpose and the terms of the mediation process. The parties make a commitment to participate in the process in good faith and to respect the confidential character of mediation. Thus, the information that will be exchanged during mediation cannot be used as evidence during a trial in case of failure of the process. However, each party remains free to end it at any time.

At the time of the following meetings, the mediator helps the parties to identify the problem that occupies them and bring out the solution options which are the most likely to conciliate the interests of each party. The role of the mediator is not to decide for the parties, but to facilitate their dialogue. However, he must ensure to maintain the balance and the equality of the parties during their exchanges.

When the parties have reached a mutually satisfactory solution, the mediator makes them sign an agreement to that effect which we call a transaction contract. If necessary, this agreement can be homologated by the court in order to have full effect.