Mediation
MEDIATION
Amicable Conventional Judiciary
"An Alternative to the Judiciary"
• Between what I think, What I mean, What I think I say, What I say
• What you want to hear, What you think you hear, What you hear
• What you want to understand, What you understand
There are ten possibilities of having trouble communicating
But let's try anyway ........................ Edmond Wells
THE MEDIATOR OR MEDIATOR "impartial neutral and confidential impartial trainee"
The Ombudsman is neither a judge, arbitrator nor conciliator but an independent third party who facilitates the relationship between different parties facing disagreement, dispute, litigation or conflict.
He is trained and demonstrates good listening, communication, interpersonal skills and empathy. It intervenes amicably or conventionally (at the request or under the cover of a contractual clause between the parties) or in a judicial way recommendations of the judge if the Mediator is registered and recognized on the lists of the Courts of Appeal of the jurisdictions. It guarantees the balance of treatment between all parties.
The main rules of the Ombudsman are
Respect
Listen
Possible side-by-side exchanges
The precepts of the Ombudsman are
Independence,
Impartiality
Neutrality
Confidentiality
Confidence
The main qualities: the mediator must demonstrate or arouse
Empathy
Intuitive
Optimistic
Facilitator
Gatherer
Creator
Accoucheur
THE PARTIES IN PRESENCE "the will of the parties"
In mediation, the mediator is always faced with at least two physical or moral personalities;
Individuals
Businesses (associates)
Inter Enterprises (customers, suppliers ...)
Intra Enterprises (Employed Employees)
Local Communities
Administered
Administrations
To mediate, medics are volunteers
MEDIATION "does not impose itself, it is voluntary"
We practice Mediation in the following cases:
When disagreements, disputes, disputes or conflicts between personalities
In civil, commercial, social, criminal ...
It can be conventional or judicial
It can be preventive or curative
Project mediation is also an axis of development.
Mediation is a process that allows people with disagreements to be put in touch with one another to come together to resolve disputes. It's about everyday life, real estate, landlord-tenant relationships, co-owners, commercial leases, neighbors, easements, estates, divorces, relationships with and in companies, sports actors ... . With the desired presence of Lawyers.
At the end of the Mediation the Mediator proposes a protocol of agreement on balanced and durable solutions on which the Mediates have agreed. This protocol is validated by the Lawyers Advocates.
The use of Mediation is a means to find creative solutions to disputes and conflicts as highlighted in the report on justice of the 21st century.
Mediation may be ordered by a judge when proposed by the judge at the court hearing and accepted by the parties and their counsel.
Mediation may be of a preventive nature when the contract which binds physical and / or legal personalities or even the internal rules in an enterprise so provides. It makes it possible to anticipate or even avoid any future conflict. It is a question of defusing a potential crisis upstream.
Project Mediation is part of a professional context such as urban operations, real estate with Local Authorities, Developers, Architects, Contractors .... The Mediator is the third Facilitator.
HOW TO CALL THE MEDIATOR "a process"
The seizure of the Mediator is simple just click here (AT@atexim.fr)
We will answer you after acknowledging your message. We establish and submit to the parties a Mediation Commitment with the terms and conditions of the mission in accordance with the code of ethics of the National Association of Mediators (ANM).
There are also lists on
www.anm-mediation.com
www.mediation-en-seine.fr
www.mediateursdusport.com
In Judicial go to the lists of different Court of Appeal of the concerned Jurisdiction.
The Ombudsman is free to meet before the plenary meeting (s) separately with or without the presence of counsel and lawyers.
COST & TIME OF MEDIATION "mastered and optimized"
Costs are shared equitably between the parties.
In general, the different costs that constitute the fees of the mediation:
Costs of referral, constitution and knowledge of the file between 100 and 400 €
The hourly fees are 200 to 400 € / H depending on the complexity of the file and the stakes
The costs are capped from 400 to 4000 € depending on the estimated time and the associated costs of the file
Depending on the circumstances, the Parties may agree with the Ombudsman and the Mediator with the Parties on different conditions regarding the distribution among the Parties and the ceilings. These conditions will be mentioned on the Mediation Commitment.