What’s mediation?

Mediation is a method of conciliation or a third person listened to the parts and proposes some solutions. It can succeed to a compromise in order to avoid a procedure.
The mediation preserves the liberty of all parties and is not therefore an opinion force.

Advantages of mediation

Mediation must be neither a loss of time nor a frost of a situation to the profit of only one party. It is why a good mediation is always limited to a reasonably short time. The Institute of Arbitration opts for the delay of maximum 1 month.

The big advantage of mediation resides in its low cost.
Mediation also permits to solve litigations that require the discretion.
If a judicial procedure is immediately started, the risk is real that one of the parts will harden its position and breaks all dialogue.

How to demand mediation?

On simple demand, the Institute convenes the parties and designates a mediator.
The mediator, on basis of the pieces and/or following a coming down on the places, has one month to make his/her propositions.
The odds to succeed are bigger if a clause of arbitration binds the parties. In this case there isn’t an advantage for a party to slow down the dialogue.
The strength of mediation is that every party keeps the possibility to claim their rights at a (arbitral) Court. No party is the hostage of the other.

Costs of mediation?

The cost of mediation is according to the type of litigation. So in general the conciliation is for financial litigations, the mediation is adapted more for technical and/or legal disputes. Expenses are in this case to the maximum the half of the scales of arbitration.