Mediation is a process used in judicial proceedings to resolve disputes with the help of a neutral third-party mediator. The judge appoints a mediator based on specific criteria and retains the power to judge.
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[...] The text indicates that the amount of the deposit must be as close as possible to that of the final remuneration. The judge therefore fixes the amount and the deadline. In the absence of payment of the deposit within the prescribed deadline, the procedure is void and this restarts the deadlines for judicial procedure. The registry informs the mediator by letter and gives him the modalities to recover the money. He summons the parties. With legal aid, nothing to pay. The mediator's remuneration is set in agreement with the parties. [...]
[...] Mediation remains under the control of the judge. The physical person must conduct the measure in the matter of judicial mediation at the initiative of a judge. Article 131-5 was proposed in 2022, the mediator accomplished his mission with indifference impartiality). From the point of view of the limits, there are situations that are not compatible, the judge cannot be a mediator, his mission is to ensure the respect of the law. If there is an exchange, the conversations remain secret, in ARA if there is a change, we change the judge. [...]
[...] Hence the interest of the third person. In 1995, more rules on mediation. B. Domain If we take the texts, mediation are the articles 131 to 131-15 of the Civil Code (decree of February 27, 2022). We can order on request from the parties and lawyers or on the initiative of the judge. Article 373-10 of the Civil Code, what has been added, the judge of the children for educational assistance. Article R496-2 of the Labor Code in matters of prud'hommale. This is a voluntary process. [...]
[...] Article 130 CPC: "The content of the agreement, even partial, is recorded, as the case may be, in a signed process-verbal by the parties and the judge or in a signed constat by the parties and the conciliator of justice." Article 131 CPC: regulates mediation (131-1 to 131-15) Section Judicial Mediation I. The recourse to mediation A. Foundation and Finalities Originally, it is a practice born before the judges of the referees and one could designate mediators by relying on Article 21 of the CPC. The goal is to prioritize relationships between the parties that are not too degraded. We decided in 1995 to give a status to mediation (institutionalization of the process by making it enter into the Code). [...]
[...] Article 915-3 provides that the decision ordering the parties to meet with a mediator or the one ordering mediation will interrupt the time limits that the parties have to appeal. IV. Issue of judicial mediation A. Conditions for the end of the mission and result of the mediation The judge can end the mediation at any time and can end it ex officio when the proceedings are without object. The text requires formalism: recalled in court with summonses of the parties. The social chamber of the Court of Cassation has sanctioned the absence of such formalism. By making a distinction based on whether the mediation fails or succeeds. [...]
