Title II: Management of copyright and related rights by an organisation

Mediators are appointed for a renewable term of three years.

A mediator may request to be removed from the list provided for in Article R. 324-1 by registered letter with acknowledgement of receipt addressed to the Minister responsible for culture. A replacement will be provided under the conditions set out in article R. 324-1.

The matter may be referred to the mediator at the joint request of the parties by registered letter with acknowledgement of receipt setting out the points to which the dispute relates.

The matter may also be referred to the mediator by one of the parties. He shall inform the other parties of this request, by registered letter with acknowledgement of receipt, within eight days, and they shall have a period of one month in which to make their position known by registered letter with acknowledgement of receipt and, in the event of disagreement over the choice of mediator, to propose another…

The duration of the mediation may not exceed three months from the date of receipt of the joint request or the date of the last notice of receipt in the case provided for in the last paragraph of the preceding article. The mediation may be renewed once for the same duration at the request of the mediator and with the agreement of the parties.

The mediator shall inform the parties of the amount of his remuneration. The cost of this remuneration and expenses shall be borne equally by the parties.

The mediator shall summon the parties to be heard from the outset of the mediation. He shall invite the parties to provide him with any clarifications he deems necessary and may hear any person whose hearing he deems useful. The parties may be assisted by a lawyer or by any person of their choice who has been approved by the mediator. Only persons summoned by the mediator may take part…

The mediator is bound to maintain secrecy about matters brought to his attention. The mediator’s findings and the statements he takes may not be produced or relied upon without the parties’ agreement in any other mediation procedure, arbitration procedure or court proceeding.

When the mediator establishes an agreement between the parties, he shall draw up minutes specifying the measures to be taken to implement it and setting a deadline for their execution. He shall send a copy of these minutes to the parties by registered letter with acknowledgement of receipt within ten days.

If, at the end of the period provided for in Article R. 324-7, no agreement has been reached between the parties, the mediator may, by registered letter with acknowledgement of receipt, either make recommendations to the parties, or propose the solution that he or she deems appropriate for the settlement of all or part of the dispute. Failing to express their opposition to the mediator in writing within three months…