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Making Mediation Mandatory in France

Making Mediation Mandatory in France

Could mandatory mediation work in France?

 

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I would say that, most mediators in France are against the mandatory mediation. I think the major position here, among mediators and probably lawyers, is that it should not be mandatory, although I think that it could be clearly, a tool that should, probably be explored. What is being explored right now, is still more of a soft kind of tool. We, for example, are thinking in including as a mandatory mention in the submission, that clients are aware that mediation is an option and that they have considered it and that, that statement needs to be signed by the client.

 

And so, right now, we are still trying in this, I guess, we need to mature as well and be convinced ourselves that, we need to go to mandatory mediation because we’ve tried everything else. And we are right now, in that process of trying other things and we are still at the early stages of trying other things. So, we are looking right now, for new laws in mediation, we have submitted a few proposals, to incentivize the use of mediation, notably the fact that, the service provided by the mediators and maybe, the attorney’s fees are not submitted to VAT etc. etc. All kinds of mechanisms to make mediation more attractive.

 

So, I think the effort in France right now, is to try, not to go as far, as having to make mediation a mandatory process and but, then, will that be enough? I don’t know and will the ultimate solution be to impose a mandatory mediation, maybe. And whether that, we work or not, in France, I do believe that could probably work. But right now, politically, we clearly don’t have somebody who carries that project. So, we are far far away from that.

About the mediator

Diana Paraguacuto Profile Pic

Diana specialises in international litigation, arbitration and alternative dispute resolution. She has served as counsel in international arbitration proceedings held under the auspices of the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes, the London Court of International Arbitration and UNCITRAL arbitration rules. She has expertise in international disputes involving state entities, as well as... View Mediator