Médiation - Centre de Médiation Civile et Commerciale

What is Mediation?

Mediation is a structured process for resolving conflicts in which a neutral third party – the mediator – helps the parties to clarify their differences of opinion and find an amicable solution.

Mediation can be an alternative to court proceedings. Mediation also helps to find a solution in out-of-court disputes (see use cases). It is also suitable for preventing conflicts from arising or deepening. The result of a mediation jointly worked out by the parties can be directly legally binding, just like a judgment.

The mediator helps to promote communication, clear up misunderstandings and reach a common understanding of the problem. In contrast to court proceedings, in which a decision is made from a judge, mediation is based on the voluntary participation and personal responsibility of the parties to the conflict. The parties themselves own and resolve their conflict.

Use cases

Mediation is a very flexible process that can be used in most conflict situations. Here are some areas where mediation is particularly helpful:

Family: In the event of family disputes – such as inheritance, divorce and succession issues – mediation helps to find an amicable solution that does not put any further strain on the family structure and often leads to an improvement in family relationships.
Companies and institutions: Mediation is successfully used by companies to resolve conflicts between business partners (suppliers/customers/investors etc.). It helps to continue business operations without lengthy legal disputes and to maintain the relationship with the business partner.
Work: Within every organization, conflicts arise between colleagues, employees, superiors or entire departments. Mediation reduces these negative tensions and finds solutions that sustainably improve the working atmosphere, cooperation and the overall achievement of the organization’s goals.
Neighborhood: Mediation can be used to resolve conflicts between neighbors, whether over noise, property issues or other concerns. Agreements can be reached that are acceptable to both sides and make it possible to live peacefully “side by side” again.

Advantages

Mediation offers numerous advantages compared to court proceedings or arbitration. One of the biggest advantages is speed: conflicts are resolved more quickly as the mediation process is generally shorter than a legal dispute. This saves a lot of time and therefore costs, as the parties have lower expenses for lawyers or courts. Every conflict is also a mental burden from which each party wants to be “relieved” as quickly as possible.

Another important advantage of mediation is confidentiality: all discussions and agreements made during mediation remain confidential. This is particularly important when it comes to sensitive issues such as family matters or business secrets.

Mediation also promotes the preservation of the relationship between the parties to the conflict. In court proceedings, a winner and a loser are often determined, which can strain the relationship between the parties in the long term. Mediation enables the parties to find solutions that take their needs and interests into account while maintaining or even strengthening the relationship.

Last but not least, mediation is a flexible method. It can be adapted to the specific needs and dynamics of the parties so that truly customized and individual solutions can be found.

Costs

The cost of mediation depends on the duration of the proceedings, as mediation is charged at an hourly rate. The average hourly rate charged by mediators is 300 euros per hour.

80% of all mediations come to an amicable solution in a maximum of three joint sessions (one session usually lasts 1-3 hours)

Mediation is a less expensive and mentally less stressful alternative to litigation.

Process

The mediation process is structured but flexible in order to meet the individual needs of the parties to the conflict. As a rule, the process comprises several phases:

Initial meeting: At the beginning of mediation, all parties involved meet for an initial discussion. The mediator explains the process, the basic principles of mediation (neutrality, confidentiality, voluntary nature) and ensures that all parties understand the terms of the process.
Identifying topics: The next phase is about clearly naming and organizing the points of conflict. Each party has the opportunity to present their perspective and express their concerns.
Clarification of interests and needs: The interests and needs of the parties behind the individual issues are worked out with the mediator.
Development of solutions: The mediator promotes dialogue and helps to jointly develop solution options based on the interests and needs of the parties.
Agreement: An acceptable solution is worked out in a written agreement and signed by all parties. This agreement can be legally binding and therefore enforceable.

The entire mediation process is voluntary and can be terminated at any time by the parties or the mediator.

FAQ – Frequently asked questions

What happens if an agreement is not reached?
If no agreement can be reached, mediation ends without a solution. The parties are then free to take other steps, such as court proceedings or arbitration.
Do I need to bring a lawyer with me?
The presence of the responsible lawyers is not required and lawyers are invited to join the mediation or may be present during the mediation.Their role may be to provide answers to specific legal questions and, if necessary, to check the legal conformity of any agreement reached.
What happens if one party does not cooperate?
Mediation is voluntary and the CMCC supports and encourages the willingness of all parties to participate in mediation
How long does mediation take? (see “Costs”)

Mediation