Chapter

Mediation in France: Legal Framework and Practical Experiences

Katrin Deckert

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0007
Mediation in France: Legal Framework and Practical Experiences

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Mediation has been practiced in France for many years, but it has only been governed by law since 1995. There are essentially two forms of mediation: court-annexed and contractual mediation. Fewer specific legal provisions govern contractual mediation, available for use at any time without judicial involvement and largely based on the free will of the parties, as compared with the numerous provisions regarding court-annexed mediation. Mediation may be used for disputes in all areas of law but court-annexed mediation, subject to greater regulation by legal requirements, is applicable only to civil, commercial, family and labour law matters. The recent transposition of the EU Mediation Directive into French law implied substantial modifications to the legal framework concerning mediation, in particular contractual mediation in civil, commercial, social and rural matters. Little has changed in the seventeen years following the legal introduction of court-annexed mediation. However, if judges, lawyers and parties were sensitised to mediation's opportunities and if they worked together, mediation could be an effective tool in settling disputes. French scholars and practitioners largely agree that the path taken by (court-annexed) mediation should continue and be developed.

Keywords: France; mediation; legal framework; court-annexed mediation; contractual mediation

Chapter.  29720 words. 

Subjects: Comparative Law

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