ADVANTAGES OF MEDIATION
Mediation as a peacemaking tool:
Although the saying goes that a poor deal is better than a good trial, the intervention of an independent, neutral and impartial third party often helps reach a win-win deal or even a creative solution.
Mediation is discrete:
Safeguarding the confidentiality of an innovative process, protecting the company’s brand or preserving the reputation of its executive, so many situation worth avoiding the public eye.
The mediator acts close to economic realities:
Besides perfectly mastering the subject in question, the mediator spontaneously understands the dispute’s national and international impact on your activity. His or her role is to defend the strategic interests of the company, which implies to find practical solutions.
Mediation offers flexibility in every circumstances:
Three people who wish to make a deal are very likely to find a viable solution, especially when mediation enables, if necessary, to set aside legal rules.
Mediation can be vital for a company:
Avoiding delays from a backlogged justice system is an absolute necessity when the survival of a company is at stake… Remaining in control of time is the safest way to swiftly resume growth.
DISCOVER MEDIATION
Mediation has existed since ancient history. In commercial matters, it serves as a management tool particularly adapted to companies’ needs.
RESORTING TO MEDIATION
Resorting to mediation comes from the parties’ choice. Mediation can happen at three key moments:
- before the dispute (by including a clause in the contract);
- during the dispute (by directly seizing a mediation institution);
- during the course of arbitration.
To resort to mediation, the parties have to draft a mediation clause in their contract. For example:
Any dispute arising in connection with this contract shall be resolved by mediation under the aegis of the International Arbitration Chamber of Paris (6 avenue Pierre 1er de Serbie, 75116 Paris, tel: 01.42.36.99.65), in accordance with its Rules of Mediation, which the parties declare to know and accept.
If the parties choose to resort to mediation before resulting to arbitration:
THE 5GOLDENRULES FOR ASUCCESSFULMEDIATION
ACKNOWLEDGING THE VIRTUES OF AMICABLE SETTLEMENT WITH A “MEDIATOR”
Above all, a successful mediation is conditioned by the parties will to reach an agreement, the parties good faith, the respect of confidentiality and, of course, the quality of the mediator (impartial, competent, diligent, attentive, respectful…). Beyond the mechanism’s efficiency, business executive or general counsel must be firmly convinced that litigation enhances differences..
FORESEEING THE DISPUTE… USING THE PROPER CLAUSE
As an effective alternative to the “dispute resolution” clause, the mediation clause provides for amicable settlement of potential dispute through the intermediary of an independent, neutral and impartial third party.
CLARIFYING THE MEDIATOR’S ROLE
The mediator is a “catalyst of the parties’ relationship” and not an “advice giver”. Neutral and Impartial, he or she uses active listening skills in order to rephrase the parties’ words and reconcile their respective views.
DEFINING HOW
In order to recreate a constructive dialogue between the parties, the mediator must go over the means to find a possible solution to the dispute.
RE-OPENING DIALOGUE
Using mediation to gain confidential information or as a dilatory plea are avoidable pitfalls. Opening up dialogue between the parties helps circumvent those. A successful mediation is not necessarily defined by reaching a deal but can consist in reinstating dialogue between parties.
THE PROCESS
Mediation is a structured process, where two or more parties try to conclude a deal in order to amicably resolve their dispute with the help of an impartial, skillful and diligent third party.
Choosing mediation implies to adopt procedural rules.
- a secretariat that works in different languages in charge of organizing the proceedings;
- hearing rooms located in central Paris.
By doing so, the CAIP affords great serenity to the parties.
THE MEDIATOR
The mediator’s purpose is to clarify a situation, facilitate the transmission of information or restore relationships.
The mediator is nominated by the Chairman of the Chamber, unless stated otherwise by the parties.
Mediation has the benefit of giving total liberty to conclude a deal or not.
MEDIATION RULES
MEDIATORS
MEDIATION FEES
HOW TO INITIATE MEDIATION?