Mediation is an alternative method of conflict resolution.
This method is unique in that it allows the parties to find a solution themselves. The solution to the conflict does not emanate from an external element, but is the fruit of research carried out by the parties themselves, and hopefully concluded during the talks.
The mediator is only present to bring the parties together and accompany them during the talks. He or she will facilitate the discussion and structure it correctly. He or she does everything possible to encourage the parties to communicate constructively with each other, enabling them to negotiate effectively and fairly.
Discussions held during mediation remain confidential. No statements or documents may be produced later in court if mediation has not been successful.
What happens when people fail to reach an agreement?
The parties can always call in a notary, even if there is no prior agreement.
It's often difficult to reach agreement in a conflict situation. Generally speaking, the parties involved wish to avoid legal proceedings, which have a number of disadvantages: they give rise to further conflicts, take little account of human aspects and offer no solution to emotional conflicts. Legal proceedings can take a long time, the outcome is not always certain, and the cost of the procedure can end up being very high.
If the parties are unable to find a solution to their problems themselves, they can enlist the help of a notary-mediator. He or she will help them to communicate effectively and fairly with a view to reaching an amicable solution.
Take, for example, a couple wishing to divorce by mutual consent.
If both parties agree on all points, they can have their agreement recorded by a notary. The notary will also help them with the subsequent stages of the procedure.
Sometimes, however, agreement is not reached on all points. If the parties are unable to reach agreement, they can seek the assistance of a notary-mediator.
The notary-mediator can also intervene in other cases of conflict or disagreement.
