EXPERT JURIDIQUE

Group 49

WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND CONCILIATION?

Mediation and Conciliation are two methods of conflicts resolutions in which a third-party is involved. His role varies from one method to another. Unlike the conciliator who has an active role in the conciliation process (eg he can propose a solution to end the conflict), the mediator assists the parties throughout the mediation process to help them find a solution to their dispute by themselves.

Mediation and Conciliation refer to the dispute resolution process in which two or more parties attempt to reach an amicable agreement with the help of a third party.

There are few differences between mediation and conventional conciliation.

However, judicial mediation and judicial conciliation are governed by different laws.

Article 21 of the CPC provides that “to reconcile the parties is part of the judge’s mission”.

Judicial conciliation is implemented by the judge himself or by a conciliator to whom he will have delegated his mission to reconcile.

However, judicial mediation is entrusted to a mediator, an external party to the jurisdiction.As provided in Article 131-1 of the CPC, the judge may appoint the mediator if the parties agree. The conciliation is free for the parties. Mediation is a chargeable service.