Principle of mediation

Mediation rests on four principles: voluntariness (no one is compelled), the neutrality and impartiality of the mediator, the confidentiality of everything said, and the self-determination of the parties, who alone decide the content of the agreement. The mediator declares any links and may be challenged.

The mediator gives no legal opinion, does not decide and reports nothing to the tribunal. The mediator helps to identify the interests behind the positions and to explore options.

The opening session recalls the rules, presents the process and gathers each person's point of view. The mediator may then alternate joint sessions and separate meetings, called caucuses, during which the parties speak freely without it being repeated to the other side.

The negotiation phase explores options, assesses the risks of failure and brings positions closer. If an agreement emerges, the mediator helps to draft it precisely: amount, time limits, obligations, confidentiality clauses.

The parties may come accompanied by their lawyer or an expert. Counsel play a decisive role in assessing the risks and legally validating the agreement. An independent expert may be jointly called on to shed light on a technical point, for example the value of a work.

The decision-makers must be present or reachable: a mediation often fails because a party's representative lacks authority to settle.

If no agreement is found, the mediator records the failure, without reasons or details, and arbitration may begin or resume. The mediator cannot be a witness or arbitrator in the case.

Even where mediation fails, the parties often say they have gained clarity about their stakes, which makes arbitration faster. A partial agreement may also narrow down the points to be decided.