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Mediation Process
By considering mediation as a structured and voluntary process for peaceful resolution of a dispute, based on the responsibility and autonomy of the participants, a successful mediation involves four main stages:
Step 1. Appointment of the Mediator
Mediation being an ‘assisted negotiation,’ the facilitating third party, namely the mediator, is the cornerstone of this mode of peaceful dispute resolution. Distinguished by being neutral, impartial, and non-decision-making, the mediator is not expected to give their opinion, but simply to guide the conflicting parties to reach a solution themselves..
The method of designation of the mediator varies depending on whether it is:
- Conventional mediation: that is, before resorting to the court; the mediator will be appointed either based on a mediation clause in the contract binding the parties (company statutes, employment contracts, etc.), or by the mutual agreement of the conflicting parties.
- Judicial mediation: except for family, social, and cases likely to harm public order, the Algerian Code of Civil and Administrative Procedures has allowed the judge since 2008 to propose mediation to the parties. If they accept, the judge appoints the mediator with a mediation period of up to three (3) months, renewable once.
Step 2. Individual Interviews
The mediator meets with each party separately to enable them to understand the mediation process, as well as to express their needs, concerns, and expectations. These individual interviews, typically two to three in number, also allow the mediator to understand the conflict and thus facilitate the resumption of dialogue.
Step 3. Mediation Meeting
The mediation meeting, also known as the ‘assembly’ or ‘plenary session,’ is the key step in the process. It involves bringing the parties together, determining the purpose of the mediation, identifying their experiences and needs to collectively consider the search for solutions. Typically, one to two plenary meetings are sufficient to reach an agreement.
Step 4. Drafting the Mediation Agreement
As mediation involves guiding the parties, under the benevolent assistance of the mediator, to find a solution to their problem themselves, this solution, once formalized, must be the subject of a written agreement. The authorship of this drafting also depends on whether it is judicial mediation or conventional mediation:
In the case of mediation initiated by the judge: it will be up to the mediator to draft the clauses of the mediation agreement, which will then be submitted to the judge for approval;
In the case of mediation initiated by the parties: either before submitting their dispute to the court, the mediation agreement may, depending on the circumstances, be formalized by the parties’ lawyers or by a notary.
TOUALBI Issam
Mawyer Mediation Advisor
Specialized Legal Advisory Firm in Amicable Dispute Resolution Methods
59 Appremont, Rostomia, Bouzareah, Alger 16000.
(00213) 773.36.91.43
contact@toualbi-avocat.net