The content of the agreement, even if partial, is recorded in minutes signed by the parties and the judge or in a report signed by the parties and the mediator, as appropriate.
Extracts of the minutes drawn up by the judge may be issued. At any time, the parties or the earliest of them may submit the statement of agreement drawn up by the judicial conciliator to the judge for approval. The judge rules on the application submitted to him without debate, unless he deems it necessary to hear the parties at the hearing. Approval is a matter of non-contentious proceedings.
A judge hearing a dispute may, after obtaining the agreement of the parties, order mediation. The mediator appointed by the judge has the task of hearing the parties and comparing their points of view to enable them to find a solution to the dispute between them. Mediation may also be ordered during the course of proceedings by the interim relief judge.
Mediation concerns all or part of the dispute. Under no circumstances does it relieve the judge, who may at any time take any other measures he deems necessary.
The initial duration of the mediation may not exceed three months from the date on which the advance on the mediator’s fees is paid to the mediator. This assignment may be renewed once, for the same duration, at the request of the mediator.
Mediation may be entrusted to a natural person or a legal entity. If the appointed mediator is a legal entity, its legal representative shall submit to the judge for approval the name of the natural person or persons who will carry out the measure within the legal entity and on its behalf.
The natural person who carries out the mediation measure must satisfy the following conditions:
The decision ordering mediation shall mention the agreement of the parties, appoint the mediator and the initial duration of the mediator’s assignment and indicate the date on which the case will be recalled to the hearing. The decision sets the amount of the advance referred to in article 131-3 at a level as close as possible to the foreseeable remuneration, as well as the period of time within which the…
As soon as the decision appointing the mediator has been handed down, the court registry shall notify the parties and the mediator of a copy by simple letter. The mediator shall inform the judge of his acceptance without delay. He shall inform the parties of the arrangements for payment of the advance. The mediator shall summon the parties as soon as he has received the advance. The parties who are…
The mediator does not have investigative powers. However, he may, with the agreement of the parties and for the purposes of the mediation, hear third parties who consent. The mediator may not be appointed, during the same proceedings, to carry out an investigative measure.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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