What is mediation?

1. What exactly is mediation, and how does the mediation process work?

Mediation is a confidential and flexible process used to settle a dispute between parties with the help of a mediator. Mediators are independent, free and impartial, they don't take sides. The goal is for the parties to reach an agreement, so parties' commitment is required. 

2. What are the advantages of using mediation compared to traditional litigation process?

There are many advantages of using mediation. Firstly, the aim is to restore or maintain the pre-existing relationship between parties. 

Secondly, parties are in control over the solution, allowing them to be creative in their agreement. When parties reach a solution by themselves, they usually feel more satisfied with the solution. 

Thirdly, mediation is usually faster and cheaper than litigation processes. The mediation ensures that peace can return much quicker, which is an important benefit for the parties.

Finally, because mediation is confidential, parties’ reputations and private interests are protected, whereas trials are public.

3. What is the difference between a mediator and an attorney at law? When is mediation more suitable than legal representation?

A mediator is not always an attorney however, to resolve a dispute in an effective way, legal knowledge is most of the time required. 

The main advantage of being helped by a certified mediator, is that following a unilateral request, the agreement signed by the parties can be directly ratified by the judge and thus can be enforced accordingly. 

Also, on one hand, a mediator will pay attention to both parties and make communication easier between them. An attorney, on the other hand, will only look out for his client’s interest, which is a different role.

4. What motivated you to become a mediator, and according to you, what are the most important qualities to be an effective one?

I have learned from my extensive attorney’s practice that litigations could be time-consuming and very costly. By the end of the process, people are exhausted, and they just want quiet.

Consequently, it is sometimes better to settle a short-term solution than go to court. Indeed, most of the time, parties have not spoken to each other for a very long time, and communication can resolve the conflict.

Generally speaking, a mediator must be a good listener and must have a positive attitude in order to motivate the parties to come to an agreement.