Last updated more than 5 years ago
The Centre for Civil and Commercial Mediation (Centre de Médiation civile et commerciale - CMCC) offers a voluntary and amicable process to settle civil, commercial or social disputes. It is an alternative to legal action before the courts.
Its aim is to help the parties reach the best possible solution or, failing this, reach an acceptable solution for all parties involved.
The fast and cheap mediation procedure offered by the CMCC facilitates the settlement of disputes, in particular those where commercial interests with only limited amounts are at stake, thereby specifically taking into account the needs of SMEs.
Mediation is possible even if court proceedings have already been initiated.
Who is concernedAll professionals and all individuals faced with a civil, commercial or social dispute may turn to the mediation services of the CMCC.
PrerequisitesThe mediation can only be successful if both parties involved act in good faith to find an amicable solution to their conflict.
The services of the mediator are billed on a per hour basis fee which is set by common agreement between the mediator and the parties involved.
The administrative fees amount to EUR 150 excl. tax.
The CMCC who is responsible for billing can request an advance payment on:
- the mediator's fees;
- the administrative fees.
How to proceed
Referral to the CMCC
Professionals or individuals 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
The CMCC appoints a mediator in accordance with the nature of the dispute and the wishes of the involved parties.
Signing the agreement to mediate
At the beginning of the mediation, the mediator and the parties sign an agreement to mediate whereby they commit themselves to settling their dispute through mediation, in accordance with the mediation rules set by the CMCC.
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 3 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 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.
This 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
Exemple d'un accord en vue de la médiation du Centre de Médiation civile et commerciale