Economic mediation

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Economic mediation, including commercial mediation and, in some case, consumerist mediation and banking mediation, is an application of mediation in financial relations. It is usually part of the conventional applications of mediation (civil area of the law).

Contents

[edit] Contexts of Intervention in Economic Mediation

The mediator can intervene:

  • To help professional partners to find a solution to a situation close to become conflictual or already conflictual:
  • Between associates;
  • Customer-supplier;
  • Competition / respect of image (trade mark, brand, etc....);
  • To assist an individual in the context of the negotiation of his debts (consumerist mediation).

If the mediation is requested during a legal proceeding (in front of the Commercial Court), mediation, while maintaining its economic nature, is considered as any other mediation during a legal procedure, i.e. as a judicial mediation.

In theory, the nature of the relationship is based on financial interests which ones are the subject of the dispute. In practice, the degradation of the economic relationship may involve emotional reactions which could complicate the outcome of the dispute.

[edit] The Role of the Mediator

  • To soothe relations;
  • To lead discussions in a serenity climate;
  • To facilitate a negotiation which one may lead to a rupture or to the re-establishment of a new partnership;
  • To accompany the drafting of an agreement which may be a private contract or be validated by a jurist (lawyer, notary) or be subject of a homologation by a judge.

[edit] Source

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