The Centre for Civil and Commercial Mediation (CMCC) offers a procedure for the amicable settlement of civil, commercial or social disputes, on both national and cross-border levels. It is an alternative to legal action before the courts.
Its purpose is to help the parties in a dispute reach the best possible solution or, failing this, reach a solution that is acceptable to all parties involved.
The quick, inexpensive mediation procedure offered by the CMCC facilitates the settlement of all disputes.
Mediation is possible even if court proceedings have already been initiated.
Who is concerned
Any professional or individual involved in a dispute concerning a civil, commercial or social-law matter may seek assistance from the mediation services of the CMCC.
For certain specific domains, other competent bodies/associations also exist, including:
- The not-for-profit Mediation Centre (Centre de médiation ASBL): for family affairs, neighbourhood relations, marriage;
- The Ombudsman, for disputes between citizens and government administration departments;
- Pro Familia, for family affairs (divorce, separation, family misunderstanding, etc.);
- Familljen-Center, for family affairs (divorce, separation, family misunderstanding, etc.);
- Regional social mediation service (Service régional de médiation sociale), for residents of LEADER Mullerthal and LEADER Miselerland regions, for neighborhood relations (noise, disputes, odors etc.).
Mediation can only be successful if both parties act in good faith to find an amicable solution to their disagreement.
Le médiateur facture ses honoraires d'après un taux horaire fixé d'un commun accord entre lui et les parties.
The administrative fees amount to EUR 150 excl. tax.
The Centre for Civil and Commercial Mediation who is responsible for billing can request an advance payment on:
- the mediator's fees;
- the administrative fees.
The party referring the case to the CMCC pays the fees to open the case.
How to proceed
Referral to the CMCC
Applicants must send a written request for mediation on plain paper (email is also allowed) to the CMCC, specifying the following:
- the surnames, names, company names, addresses and phone numbers of the parties and their legal counsel;
- a summary description of the dispute and its value in 3 sentences.
- the positions of the respective parties, or the position of the party who is unilaterally referring the case to the CMCC.
The CMCC informs the parties that the matter has been referred to them and sends the parties the mediation rules..
The parties have 15 days to respond. If they fail to respond, or if they explicitly refuse the mediation proposal, the case is immediately closed.
Appointment of the mediator
Signing the agreement to mediate
At the beginning of the mediation process, the mediator and the parties sign an agreement to mediate whereby they commit themselves to settling their dispute through mediation, pursuant to the CMCC's mediation rules.
The mediator and the parties involved also undertake to observe the strictest confidentiality.
During their intervention, the mediator helps the parties find a negotiated solution to their dispute.
The mediation procedure may not exceed three months from the signing of the agreement to mediate. However, it may be extended with the parties' mutual consent.
The parties, including the mediator, are free to end the mediation procedure at any moment.
Signing of the mediation agreement
At the end of the mediation process, when the parties have found an agreement, the terms of the agreement are set forth in a mediation agreement, which is signed by the parties.
The agreement is as legally binding as a judgement by the courts and is enforceable by a bailiff following simple approval by the court.
Forms / Online services
Notice to users of the Google Chrome browser version 80: there are currently problems with the electronic signature of MyGuichet.lu forms if you use this browser. Please switch to another browser to complete your online process.
Thank you for your understanding
Exemple d'un accord en vue de la médiation du Centre de Médiation civile et commerciale