Chapter IV: Mediators responsible for facilitating the resolution of disputes relating to the granting of authorisation for simultaneous, unabridged and unchanged retransmission

For the application of articles L. 132-20-2 et L. 217-3, a list of twenty mediators is drawn up by the Minister responsible for culture on the proposal of the approved collective management bodies appearing on the list mentioned in article R. 323-4, professional organisations representing broadcasting organisations and professional organisations representing beneficiaries of the right to authorise retransmission. The Minister responsible for culture draws up the list of professional organisations…

Mediators must meet the following conditions: 1. Enjoy their civil and political rights; 2. Not have been the perpetrator of acts contrary to honour, probity or good morals that have given rise to a disciplinary or administrative sanction; 3. Have the necessary qualifications to resolve the disputes referred to them; 4. Present the guarantees of independence necessary for the exercise of mediation and in particular not be a partner, manager,…

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.