Qu’est ce que la Mediation
La médiation de processus dirigé par une médiatrice qui est une personne neutre pour relier dans un dialogue les parties prenantes. Durant le processus de médiation, les parties se parlent de manière directe, avec respect avec toute l’attention et le respect mutuel pour construire une base de confiance, nécessaire dans ce processus.
The Mediation Process
Mediation is a process guided by a neutral party – the Mediator. The conflicting sides communicate in a direct and respectful manner and thereby build mutual respect and trust.
The parties must negotiate directly in order to reach understanding. When the parties fail to do so, they can be assisted by a mediator, to enable them to carry on direct negotiations.
Once there is direct negotiation between the parties via a mediator, a solution is eventually reached by the parties themselves.
The concept of mediation is one whereby each party expresses its needs and solutions are worked out (often creative ones) to suit both. This undoubtedly becomes the best solution for each.
The mediator’s role is to assist the parties to reach acceptable solutions on their own.
Participants
The participants in the process are the conflicting parties, which may be accompanied by a person of their choice. The parties meet in a to discuss the mediation process.
The Role of the Mediator
The mediator is defined as a neutral element guiding the conflicting sides and leading the sides towards reaching an agreement. The process is managed by the mediator, according to his or her discretion, in an atmosphere of listening and mutual respect.
The mediator will assist the parties to focus on the issues most important to each of them, leading to direct negotiation regarding each one’s needs, in order to arrive at the best solution for both.
Mediation Results
The mediation process enables the parties to reach an understanding as to the points of agreement, which will be drafted into an official document and subsequently submitted to the court.
Another possible outcome of the mediation process is that not only do the parties reach a « win-win » practical solution, but they can also improve their communication and strengthen their relationship in case of future needs to find viable solutions.
Signing the Agreement
Once the mediation process is complete, a legal and binding agreement is drafted. This will be signed by the conflicting parties. This agreement expresses the will of the parties to execute the details mentioned in the agreement which can then be presented for court approval.
Validation of the Agreement
The mediation agreement is a binding agreement, which once is approved by the court, becomes a court verdict. In many cases, the parties will want a court verdict in order to reassure the mutual execution of obligations.
The Advantages of Mediation Over Court Procedures include:
- Faster process
- Lower costs
- Discreet process as opposed to public procedure when litigated in court
- Mutual agreements rather than an imposed decision
- Creative and ''Out of the box" Solutions
- Informal and more flexible process
- More ability to express oneself
- Flexible scheduling of sessions
- Parties appear voluntarily