Book I: Provisions common to all courts

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.

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…