Mediation agreement

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A mediation agreement is a contract between parties. If it is written, it is linked to the contracts law.

As such, it can be registered by a notary, or in the case of an interruption during a judicial proceeding (following a mediation ordinance pronounced by a judge), the mediation agreement can be the basis of a homologation which will provide to it the character of a "judged case".

It should be noticed that the parties are free to decide all modalities of the agreement. They are entitled to keep it strictly confidential regardless of the context, even if thereafter, at some instant point of their relationship, they decide to appeal to the judiciary.

By definition, a mediation agreement can not be imposed.

At the end of a dispute, the reached agreement may be written or not. If the parties decide to set up a written agreement, it is worth considering a mediation clause which foresees a return into mediation in case of difficulty to maintain this agreement, and this before any further legal action.

Namely, in no case it aims at forbidding or depriving a party of its right of recourse to the judicial system, but to mutually and contractually agree to resort to the assistance of an mediator in case of possible further difficulties.

Anticipation is the principle of contractual freedom that mediation is able to exist, beyond the relational difficulties which usually push the parties to the tribunals.

Therefore, it should be remembered that a mediation agreement is neither more nor less than a free contract. The fact that an independent, neutral and impartial third party intervenes to facilitate the resolution of the conflict does not alter the nature of the new contract.

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