What is mediation ?
Mediation is an alternative dispute resolution means. It is a process to which parties in dispute can have recourse and which consists in calling for a mediator (an independent and impartial specialist) to help them find a solution to their dispute.
Why to choose mediation ?
When a dispute arises, different solutions are open to you :
- Negociation or conciliation : each party tries to convince the others that its own position is the best ;
- Judicial or arbitration proceedings : each party tries to convince the court / the arbitral tribunal that its own position is the best ;
- Collaborative law : parties seek, together and with the help of their respective certified lawyers, a solution to their dispute that could satisfy all of them.
- Mediation : parties seek, together and with the help of a mediator, a solution that could satisfy all of them.
Why choosing a mediator lawyer ?
Lawyers know about conflicts, that are their daily routine. Lawyers do not fear judicial proceedings, they know about their advantages and their limits.
Lawyers have learned, through their job, how to listen, and how to build and write texts that are legally consistent.
The mediation protocol concluded between a mediator lawyer and the parties can be homologated into Courts and enforced without any difficulty.
Moreover, mediator lawyers are bound by two sets of deontological rules : one in their capacity of lawyers (edicted by their local and regional order) and another in their capacity of mediators (edicted by the federal mediation commission).
Lawyers being specialists in managing disputes, they efficiently endorse the role either of mediator, who guarantees the legal and ethical certainty of the mediation process, or of parties’ counsels, in such process.
To become a mediator, lawyers must have at least five years of professional experience, have followed an appropriate training and be certified by the federal mediation commission.