Judicial mediator

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As the judicial expert, the judicial mediator is a representative of the law.

[edit] Definition

In France, in order to be appointed as a judicial mediator in the civil area (as distinguished from the penal area), and can request an inclusion on the lists approved by magistrates, are required (Art.131-5 NCPC - France):

  • not to have been the subject of a judicial sentence, a disability or forfeiture as mentioned on the criminal record;
  • not to have been responsible for acts contrary to the honor, integrity and morality leading to a disciplinary sanction;
  • to possess, thanks to a past or present practice, the required qualification regarding the nature of the dispute;
  • to justify a formation or a suited experience;
  • to present the necessary guarantees of independence for the practice of mediation.

In practice, the judge is the one who assesses the third to the fifth criteria.

Mediation can be entrusted to an individual or association. (Art. 131-4 NCPC - FR).

Examples of disputes: • Between neighbors (nuisances, disturbance of the peace at night...); • Between an owner and a renter (rents, charge bills, deposit refund...); • Between a merchant and a consumer (sales, provision of services...); • Between an employer and an employee; • Between two professionals in a customer-supplier relation or in a competition; • Between members of a couple deciding about the consequences of a divorce or separation, or about the management of the parental authority, like the child custody (family mediation).

[edit] External Links in French

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