Section 3: Mediation

The court hearing the action referred to in article L. 1143-2 may, with the agreement of the parties, instruct a mediator, under the conditions set out in section 1 of chapter I of title II of law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, to propose to the parties an agreement setting out the terms of amicable…

The mediator is chosen by the judge from a list drawn up by order of the Minister for Health. The judge may decide that the mediator shall be assisted by a mediation committee composed, under the chairmanship of the mediator, under conditions determined by the decree provided for in article L. 1144-1. The mediator and the members of the committee are bound by professional secrecy regarding the documents and information…

Whether or not it includes a determination of liability, the out-of-court compensation agreement sets out the conditions under which the defendants will compensate persons who have suffered bodily injury as a result of one or more events identified in the agreement. It specifies in particular: 1° If the information available to the parties and the nature of the injury allow, the type of bodily injury likely to result from the…

The out-of-court compensation agreement is proposed to the parties by the mediator. It must be accepted by the claimant association and at least one of the defendants in the action brought under article L. 1143-2 and approved by the court hearing the action.

Approval terminates the proceedings between the parties who signed the agreement. The decisions taken by the judge in application of articles L. 1143-6 and L. 1143-7 are not subject to appeal.