LEGAL EXPERTS

Group 49

Mediation

What is mediation?

“Mediation is an amicable, voluntary and confidential process of dispute resolution.”

The aim: to provide the parties in conflict with the intervention of an independent and impartial third party trained in mediation, who helps them to reach an optimal negotiated solution, and in any case, in accordance with their respective interests, putting an end to the dispute.

The mediator is neither a judge nor an arbitrator, but rather a “catalyst” whose mission is to facilitate and enable negotiations between the parties, in order to help them find a solution to their dispute themselves. He or she is not therefore called upon to settle the dispute.

There are several types of mediation, depending on the situation

People-based solutions: mediators

In order to be accredited by the CMAP, mediators must undergo training in mediation techniques and pass the ESCP / CMAP mediation certification.
Their application is then presented to the Mediation Committee, an independent body, which is the only one authorised to deliver the approval under the aegis of the CMAP.
For consumer mediation, mediators approved by the CMAP must be designated by the Commission for the Evaluation and Control of Consumer Mediation to be able to practice under the aegis of the CMAP.

The approval of our mediators is renewed annually.
For more information regarding the profile of our mediators, you can consult the Mediation Barometer.

The benefits of mediation

Saves time

Controlled cost

Confidentiality of discussions and agreement reached

Preservation of relations between the parties

Creative solutions

Total control of the solution

Facilitation of communication and social dialogue in companies

Suspension of limitation periods

To complete this list, visit the page dedicated to the benefits of mediation to discover all its many advantages.

Mediation is implemented jointly by the parties or unilaterally. In the latter case, CMAP will contact the other party to obtain their agreement.
To contact us, simply send us a letter by post to 39 avenue Franklin Delano Roosevelt, 75008 Paris, with the following information

  • Themarital status or corporate name and address of each of the parties and, if applicable, the name and address of their counsel;
  • Thesummary subject matter of the dispute
  • The respective proposals of the parties or the proposal of the party referring the matter to CMAP
  • The amount in dispute

Areas of application of mediation

Whether it is for conflicts with a co-contractor (a supplier, a service provider, a customer, a franchisee, etc.), internal conflicts within the company, or collective conflicts, mediation offers solutions in many areas. For each of its fields of application, mediation can be implemented:

Conventionally

It is initiated by the parties themselves spontaneously when the dispute arises or because a mediation clause has been inserted in the contract binding them

Via judicial mediation

It is then ordered by the civil, commercial or administrative judge, on his/her own initiative and with the agreement of the parties or at the request of the parties or their counsel.

The CMAP mediator and lawyers accompany the parties throughout the process, following a structured procedure that has been perfected over the years.

To find out more, discover how mediation works in practice or contact us.