Mediation in practice

Mediation in practice

The CMAP has been organizing and implementing mediations since 1995. The CMAP has handled more than 3,500 cases. This efficiency has made the CMAP the leading mediation center in France.

Thanks to our experience and leadership we offer structured and safe alternative dispute resolutions.

Mediation implementation

The implementation varies depending on whether the mediation is conventional or results from a court order.

Conventional mediation

There are 2 possibilities to launch a conventional mediation :

Joint Request

The parties jointly decide to initiate mediation. They turn to the CMAP together.

Once all the letters and the filing fee (according to the rates in force) have been sent and paid, the CMAP contacts the parties in aim to designate a mediator.

Single-Party Request

The first party #contacts the CMAP and provides the necessary information on the case.

The CMAP contacts the other partie(s) and tries to get his (their) agreement to come to mediation.

That other party(ies) has(ve) 15 days to answer to the CMAP’s request.

Once we have obtained the agreement from the other party, we contact the parties to enquire about their requirements for the mediator’s profile

Judicial mediation

As part of judicial mediation:

  • Either the judge proposes mediation to the parties or the parties request it in front of the judge
  • The judge requires the consent of all parties.
  • Once this consent has been obtained, the judge contacts the CMAP to get 3 mediators’ names adapted to the case. The judge chooses and names a mediator from this list.

Assistance in the choice of mediator

The CMAP has a network of over a hundred mediators. These professionals have very different and diverse profiles which enables us to cover all sector.

The mediator is a key player in the mediation process. The mediator is named by the CMAP’s Mediation Committee, chaired by Mr Francis Casorla, Honorary Advocate General to the “Cour de Cassation”, State Counsellor of Monaco and guarantor of the independence of the mediator’s appointment process, while respecting the parties’ requirements.

The CMAP’s Mediation Committee designates the mediator or, upon request, proposes to the parties the names of three mediators to give them the opportunity to choose.

However, experience shows that it is often difficult for the parties to agree on a mediator, or to find on their own a mediator offering the necessary and relevant guarantees. This is why the CMAP provides personalized support during this delicate phase.

Mediation meetings

Once informed by the CMAP of the payment of the provisional advance, the mediator will contact the parties and convene a meeting to start the mediation by listening to the parties and assisting them to amicably resolve their dispute.

The duration of the mediation

The duration of the mediation depends on the parties as they would define the frequency of the meetings with the mediator. The parties can also end the mediation when they want, so can the mediator … In practice, CMAP mediations’ average duration for resolution is 15 hours.

The cost of mediation

The mediator’s fees and the administrative costs of the mediation center are presented in our fee schedule (Pv51).

The Centre’s administrative fees cover: the management and performance of administrative, financial and supporting tasks pertaining to the mediation including the assistance to the parties and the mediator as well as the access to our meeting rooms.