Group 49

Mediation in practice

“The CMAP has been conducting mediation procedures since 1995.”

Mediation in practice

The CMAP has been conducting mediation procedures since 1995. More than 6,000 cases have been handled to date, making the CMAP the leading mediation centre in France.

The process of a mediation at the CMAP:

Implementation of mediation

The implementation varies, depending on whether the mediation is conventional or judicial.

Conventional mediation

In the case of conventional mediation, there are 2 hypotheses:

Joint referral

The parties decide together to initiate mediation, so they jointly refer the matter to the CMAP, either on the basis of a mediation clause, or without any contract, spontaneously when a dispute arises.
Upon receipt of the letter(s), accompanied by the opening fee according to the current schedule, the CMAP contacts the parties to appoint a mediator.

Unilateral referral

The most diligent party refers the matter to the CMAP either on the basis of a mediation clause, or without any contract, spontaneously when a dispute arises. Then, provides the information necessary for the constitution of the file.
The CMAP gets in touch with the other party(ies) to try to obtain their agreement in principle to mediation
The party(ies) thus contacted have(s) a period of 15 days to communicate their response
Once everyone has agreed, the CMAP asks the parties about the profile of the desired mediator

Case of judicial mediation

In the framework of judicial mediation:
the judge proposes mediation to the parties, or the parties request it during the proceedings
the judge can order the parties to meet a mediator
the judge obtains the informed consent of all parties
once this consent has been obtained, the judge contacts the CMAP so that we can suggest mediators suited to the case referred to us, and then issues an order appointing the mediator.

Assistance in choosing a mediator

The CMAP has a network of around one hundred mediators with a wide variety of profiles, covering all sectors of activity.
A key player in the mediation process, the mediator is appointed by the CMAP Mediation Committee, chaired by Anne Outin Adam, former Director of Legal and Economic Policies of the Paris IDF Chamber of Commerce and Industry, who guarantees the independence of the method of appointing mediators, according to the wishes of the parties.
The CMAP mediation committee appoints the mediator or, on request, provides three names of mediators to the parties in order to give them the opportunity to choose the mediator themselves.
Experience shows that it is often difficult for the parties to agree on the mediator, or to find the right mediator on their own, so the CMAP offers personalised assistance in this delicate phase

Mediation meetings

The duration of mediation

The parties are in control of the duration of the mediation and can define with the mediator the rhythm of the meetings and end them when they wish. In practice, the average duration of mediation at the CMAP is 15 hours.

The cost of mediation

The mediator’s fees and the mediation centre’s administrative costs are set out in our schedule, to which you can refer for details of mediation costs.
The Centre’s administrative costs cover, in particular: the management of administrative and financial aspects, assistance to the parties and the mediator in the event of difficulties in implementing the process, the use of our meeting rooms, etc.