Mediation Services

Mediation is a voluntary and confidential method of conflict resolution, by which organisations or individuals decide to use a trained neutral, independent and impartial person, the mediator, to help them find a concrete solution to their conflict through structured negotiation.  Mediation can take place at all stages of a conflict, before or during legal proceedings. Mediation is confidential: the content of mediation interviews and any documents exchanged during mediation interviews cannot be revealed by anyone to anyone. This enables everyone to express themselves.

Characteristics

The pmr mediator team is characterized as follows:

• All our mediators are accredited by the Federal Mediation Commission.
• Our services are available in English, French, Dutch, German, Italian.
• We have mediators from different backgrounds, all with solid professional experience.
• Our mediations can be started and finalized quickly (+/- 1 to 4 months).
• Our fees are calculated by the hour and vary according to the number of parties and the type of mediation. Fees are generally shared equally between the parties unless otherwise agreed between them.
• The duration of a mediation session varies depending on the subject matter (+/- 2 to 4 hours).
• Our mediators generally work in co-mediation (two mediators), which is an asset for the success of the mediation and which does not necessarily entail additional costs for the parties.
• Our mediations allow the participation of multiple parties.
• Lawyers are part of the process either internally (attending sessions) or externally (preparing and supporting their client outside of the sessions).
• The intervention of an expert in mediation (evaluation of the value of a business, a building, clientele, …) is common.  In this regard, we have a list of experts trained in mediation.

What is the role of the mediator ?

The mediator recreates dialogue and facilitates mutual understanding; helps to identify everything that needs to be settled concretely and everything that is important to the parties; and then explores the different possible solutions, promotes a balanced negotiation and ensures that the parties take a decision on the basis of a so-called “wise” agreement. The mediator does not take sides with anyone (impartiality), does not offer an opinion and does not decide the dispute (neutrality). The so-called “wise” agreement meets the interests of all the parties involved, is sustainable over time, respects the environment made up of those who will be impacted by this agreement and tries to improve the relationship between the parties.  It does not contravene public order and preserves the interests of children in family matters

What is the role of the parties ?

The parties each decide to resort to mediation because they believe that this is the best way to resolve their conflict. They want to be the architects of their solution. In a climate of mutual respect established by the mediator, they express themselves, listen to each other, and recreate a new dialogue. They participate in person and actively. They are guided by the mediator to make a complete and realistic diagnosis of the situation, to list what needs to be straightened out and set-aside, settled for the present and envisaged for the future, to explore possible solutions, to negotiate in a reasoned way and to take the right decisions that really settle their conflict. The solution comes from the parties and is therefore not imposed by anyone. It can be innovative and original while complying with the law.

What is the role of the lawyers ?

In civil, commercial and workplace matters, it is usual for lawyers to accompany the parties in mediation. They assist their client, advise them on the merits, provide legal information when necessary, participate in the negotiation and draft the mediation agreement. They promote better preparation of the parties before each mediation session, ensure the preservation of the achievements of the work done in sessions, contribute to increased creativity in the options phase and provide a rigorous framework in the drafting of the agreement.

What is the legal framework ?

The Law of 21 February 2005 amending the provisions of the Judicial Code provided a framework for mediation while establishing recognition of the function of mediator, which is a guarantee for those who have recourse to this process. The Law of 18 June 2018, Article 9 of which includes various amendments to the Judicial Code in order to promote alternative forms of dispute resolution, concerns the training of mediators in particular.

Mediators are subordinate to the Federal Mediation Commission. Mediators are subject to professional secrecy. The law distinguishes between accredited and unlicensed mediators. Accredited mediators have undergone specific training. The parties and the mediator must sign a document called a “protocol” that contains the rules under which the mediation will operate. Only agreements reached as a result of mediation by an accredited mediator can be automatically homologated (ratified) by a judge, giving them the force of law.