Title VI: Conciliation and mediation

The natural person providing the mediation shall keep the judge informed of any difficulties he or she encounters in carrying out the task.

The judge may terminate the mediation at any time at the request of a party or on the initiative of the mediator. The judge may also terminate it ex officio when the proper conduct of the mediation appears compromised or when it has become pointless. In all cases, the case must first be recalled to a hearing to which the parties are summoned at the registry’s behest by registered letter…

At the end of his mission, the mediator informs the judge in writing whether or not the parties have managed to find a solution to the dispute between them. On the set date, the case returns to the judge. Before the Cour de cassation, this information is communicated by the mediator before the hearing date set by the president of the panel.

At any time, the parties, or the most diligent of them, may submit the agreement resulting from the mediation to the judge for homologation. The judge shall rule on the request submitted to him or her without debate, unless he or she deems it necessary to hear the parties at the hearing. Approval is a non-contentious matter. The provisions of the two preceding paragraphs shall apply to an agreement resulting…

The mediator’s remuneration is set, at the end of his or her assignment, in agreement with the parties. The agreement may be submitted to the judge for homologation pursuant to article 1565. Failing agreement, the remuneration shall be set by the judge. Where the judge considers setting an amount lower than that requested by the mediator, the judge shall invite the mediator to make his observations. Where appropriate, the mediator…

The mediator’s findings and the statements he takes may not be produced or relied upon in further proceedings without the agreement of the parties, or in any event in any other proceedings.

The decision ordering or renewing mediation or terminating it is a measure of judicial administration.