Chambre professionnelle de la médiation et de la négociation

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Professional Chamber of Mediation and Negotiation


Professional Chamber of Mediation and Negotiation

The Professional Chamber of Mediation and Negotiation - whose slogan is: for an ethical profession - a mediator, a mission, a result - is a nongovernmental organization (NGO) that is composed of professional mediators. It has been created in France, initially under the framework of the law of March 21, 1884. The professional Chamber has developed a Code of Ethics and Deontology of mediation, works on and develops the mediators' self-discipline. The CPMN guarantees and assures the cultural independence of mediators.

Contents

[edit] History

During its first six years, the chamber was called "Union of mediators, syndical chamber of mediation" (Unam CsM).

The CPMN is a syndical and professional association founded in Lyon on December 8, 2001 by professionals of the civil law, lawyers, notaries, judicial experts, specialists in human resources and business consultants.

Chairmen

[edit] Purpose

The Professional Chamber aims for the following: 1) the study, defense of the general, individual, moral, material interests of mediators and 2) the representation and information of professionals.

Mediation is a matter of skills and involvements of individuals who practice it, that's why the Professional Chamber only accepts membership from individuals but not from legal entities (association, union, company, or amalgamation...).

The CPMN is the professional organization of mediators who affirm and develop mediation as a separate and specific discipline with applications in all areas - from the smallest organization -the family- to international applications, and therefore, as well as within and among companies and judicial system: accompaniment of changes, relational quality, practice of ethics in organizations, conflicts resolution, computation of costs of conflicts and disputes, redefinition of free-agreements, projects definitions, pedagogy and decision-making aid...

[edit] College of Friends of Mediation

The college of friends of mediation has been created within the CPMN in October 2007. It is a consultative body, chaired by a board member of the CPMN.

The college enables the mediators-trainees to meet mediators and professionals from all sectors and areas that may recourse into the services of mediators during their formation aiming the obtention of the CAPM.

[edit] Supervisory Board of Mediation

The supervisory board of mediation has been created within the CPMN in October 2007. The president of the Chamber assures its direction. Its main functions are:

  • To monitor the compliance with the Code of Ethics and Deontology of Mediation;
  • To conduct the constitutional reform of the Professional Chamber;
  • To accompany the delegates and representatives of the Chamber; and,
  • To ensure the coherence of members' initiatives with the Chamber's approach.

[edit] Mediation: a Specific Discipline

Members of the Professional Chamber have a generalist approach of mediation. For them, mediation is not multidisciplinary. They consider mediation as a separate and specific discipline and define the mediator's role as a facilitator of decision-making, especially for people in conflictual situations. The mediator's skills are connected with pacification of relations.

The Union of mediators has drawn up a Code of Ethics and Deontology of Mediation from November 2004 to May 2006, and has made a public online consultation for over a year. This code still frames and regulates the practice conditions of professional mediators who subscribe to it.

[edit] Training

The Professional Chamber proposes training sessions in line to become a mediator. This training is mainly behaviorist and is based on the following:

  • A philosophical approach of the role of mediator;
  • A mastery of interviewing techniques;
  • A mastery of techniques for leading meetings within situations of crisis; and,
  • A mastery of the ethics and deontology of professional mediators.

A training report must be made by mediators-trainees. The training sessions can lead to the issuance of the Certificate of Professional Mediator.

[edit] Opinions and Positions

  • In 2003 in France, during the law promulgation of the divorce reform and the creation of the national certificate of family mediation, the Syndical Chamber has interceded with the Ministry of Family Affairs and the Minister of Justice in order:
  • To demonstrate that the choice of a specialization might imply the family mediators' interventions to reach a limitation, for example when they will be confronting situations in which couples who are divorcing are also professionally associated - implying the necessity of a business or economic mediation;
  • To indicate that the choice of a recognition of mediators by a State tended to mark a cultural preference, especially during parental conflicts involving couples from different nationalities, that is in contradiction with mediation approach.
  • In 2006, regarding the case Gettliffe, the Syndical Chamber was concerned with how mediation has been lived in such a way that it could orchestrate the decision of incarceration of Nathalie Gettliffe;
  • In 2006, in the case of "paperless" and the appointment of Arno Klarsfeld as the national ombudsman, the Syndical chamber has called the attention of the Ombudsman of the Republic regarding the ambiguous use of the term 'mediator' in a function that concerns his duties, since he has jurisdiction not only for French citizens but for all entities having a dispute with the French administration.
  • In October 2007, the Professional Chamber has proposed a set of measures aiming the harmonization and coherence of laws and regulations regarding the use of the terms 'mediation' and 'mediator' in official texts.
  • In December 2007, the Professional Chamber took position for lightening and simplifying the judicial process of divorce by mutual consent on behalf of the exercise of relational and contractual freedom and precluded that statements of divorce should not be entrusted to the notary profession whose existence is by the way questioned. The Professional Chamber also proposes to organize the law in such a way that judges can impose a mediation process to people in conflict in order to help them release the emotional aspects of their dispute; lawyers may thereafter exercise their role of legal counsel once the emotional aspect has been purged.
  • In January 2008, the Professional Chamber intercedes with three European institutions in order to submit proposals to the European Directive regarding civil and commercial mediation, and especially by proposing that mediation will be a requirement before any recourse to a judicial proceeding. The Chamber obtains that mediation was defined as a structured process and not as a procedure as it was intended in the initial drafting of the directive.
  • In March 2008, the Professional Chamber took position regarding the work of the Committee Guinchard, appointed by the Minister of Justice Rachida Dati in order to think on a redistribution of means for conflict resolutions. Given that a legalized conflict leads to the deprivation of freedom of people's decision-making, the Professional Chamber proposes that mediation was a precondition to any further judicial proceedings in civil and commercial matters.
  • In June 2008, the President of the Professional Chamber is consulted in Morocco during a press conference in Rabat regarding the conflict in Western Sahara.

[edit] Proposals

  • The Professional Chamber suggests that a mediation clause will be included in all kinds of contracts, including contracts of marriage or funeral contracts in view to anticipate conflicts between heirs...
  • Proposal 2007: Review all official texts, laws, inventories all along the judicial body for a better use of the terms 'mediation' and 'mediator' by legislators, public administrations and government, in order to clarify the concept of mediation for the general public.

[edit] Internal Link

[edit] Locations

  • France
  • Belgium
  • Switzerland
  • Luxembourg
  • Morocco
  • Portugal

[edit] External Links

[edit] Contact

Chambre Professionnelle de la Médiation et de la Négociation


9 rue Vauban

33000 Bordeaux - France

Tel: 0(033) 5 57 88 27 79

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