Business and mediation: the end of the misunderstanding?

11/03/2019 - Events

Why don’t businesses use mediation more often to resolve disputes? This is the question that the report by the Club des Juristes and the Centre for Mediation and Arbitration of Paris (CMAP), which will be presented on March 13th, seeks to answer.

Mediation is an amicable, voluntary and confidential dispute resolution process. The opposing parties entrust an independent and impartial third-party, trained in mediation with the task of reaching a solution built and accepted by the parties.

In theory, for businesses it constitutes an effective and rapid means of conflict resolution. Resorting to a mediator can notably reduce the slowness of judicial proceedings and develop solutions.

However, in practice, mediation is still not often used to treat disputes between businesses. Part of this is likely cultural considerations that often make companies prefer confrontation to compromise. But essentially, the low use of mediation arises from a certain misconception of the process.

In-house counsel and attorneys naturally have an essential role to play in the development of this mode of alternative dispute resolution that opens a range of solutions for their clients.

The report of the Club des Juristes and the CMAP analyses the merits of mediation in detail and opens the way to its increased use by companies.

Its publication will be accompanied by a debate, led by Pierre Servan-Schreiber, Attorney at the Paris and New York Bars and Mediator accredited by the Paris Court of Appeal, with the participation of Soraya Amrani-Mekki, Professor at the Université Paris Nanterre, Pierre Charreton, Mediator accredited by the CMAP, Guillaume Forbin, Attorney at the Paris Bar, Partner of Altana and Mediator and Sophie Henry, Chief Delegate of the CMAP.