1. What is a mediation?
Mediation is a dispute resolution process in which a third party, the mediator, facilitates the negotiations of the parties to the dispute with a view to reaching an amicable solution.
The mediation process is organised and facilitated by the independent and impartial mediator. The mediator listens to the parties and tries, by means of communication techniques, to restore the dialogue between the parties. The mediator then helps the parties to themselves find the solution to their dispute. The parties therefore negotiate directly between themselves, often helped by their lawyers. The mediator does not impose his or her decision but facilitates compromise. Mediation is a confidential process.
2. How does a mediation work?
The mediation begins with an introduction to the principles of mediation. This introduction by the mediator establishes the framework for the negotiations. Next, the parties present their view of the situation with or without the help of their lawyers. Then, the mediator clarifies the facts while making sure to re-establish a climate of trust. The mediator sets the pace of the negotiations that follow depending on the circumstances. Lastly, a draft agreement is prepared by the parties’ lawyers or the mediator. It is then signed by the parties and brings the dispute to an end.
3. What are the advantages of mediation?
- speedy, effective and economical
- the guarantee of confidentiality
- a positive approach in the search for creative and original solutions
- the parties maximise their chance of settling their disagreement amicably
- it avoids confrontation, favours listening and dialogue
- the parties are free to suspend the mediation at any time, to continue it or to conclude an agreement
- the mediation costs are shared between the parties
- this method of intervention favours the harmonious continuation of the business relationship between the parties.
4. What is the success rate of a mediation?
Voluntary mediations, when the parties have chosen to turn to mediation, have a success rate of between 70 and 80%. This rate tends to fall when the mediation is made obligatory by a court decision.
5. When should you turn to mediation?
- the parties are connected by a personal or professional relationship that has to or can continue
- the search for a solution is hindered by an emotional or affective obstacle
- the costs, the risks and the stress relating to the dispute are too high
- the dispute is complex and the outcome of the process is uncertain
- the dispute is delicate because its resolution requires the revelation of confidential information
- publicity of the dispute has to be avoided
- the of cost of judicial or arbitration proceedings is disproportionate compared to the actual issues of the dispute
- proceedings before the courts drag on.
6. How should you prepare for a mediation?
It is important to prepare for a mediation in order to make the most of its advantages. It is necessary to assess the situation with realism and creativity:
- with the feelings involved in the dispute put to one side, what are the facts?
- what is the best and the worst outcome that could be achieved?
- what are the main concerns of the opposing party and how can they be taken into consideration?
- are there solutions that can reconcile the interests of all of the parties?
- what will happen if a solution is not found at the mediation stage?
Your lawyer should be able to advise you on the soundness or the risks of your case in legal terms but also on the duration of possible judicial proceedings and of their related costs.
7. What should you do if the opposing party does not want a mediation process?
Mediation is a voluntary conflict resolution process. It is not possible to force one of the parties to turn to mediation except if a mediation clause has been provided for to settle disputes in a contractual relationship. If this clause is provided for, the judge may force the parties to take part in an introductory mediation session.
When no clause has been provided for, you can task us to contact the other party (or the other parties) in order to try to convince them to turn to mediation. This is our bConvince service.
8. Who are the bMediation mediators?
bMediation works with mediators that meet demanding quality standards. The bMediation mediators subscribe to our code of ethics and our mediation rules. They are selected on the basis of two criteria: knowledge and experience of the corporate world in general and the ability to being a mediation to a successful conclusion.
In this way, the bMediation mediators come from a great variety of sectors: company managers, honorary consular magistrates, lawyers, chartered accountants, consulting engineers, legal experts, etc. The majority of our mediators are accredited by the Federal Mediation Commission.