The criteria for eligibility for mediation and alternative dispute resolution methods

a. Criteria unfavorable to mediation

Before resorting to mediation, it should be ensured that:

• The subject matter of the dispute and the possible solution that mediation could lead to do not contravene public order, in other words, they are not contrary to current laws and do not deprive one of the parties of a legitimate right (family pension, salary, etc.).
• One of the conflicting parties does not hold power over the other party to such an extent that the mediation process would not interest them.
• The physical and/or psychological harm is such that only a legal solution can restore the balance of the parties and vindicate them in their rights.
• The evidence of the injustice suffered by one of the parties to the extent that there is no doubt in their mind that they will win the lawsuit, which discourages them from resorting to mediation.

b. Criteria favorable to mediation

Mediation is encouraged in the following cases:

• The dispute involves people who are inevitably brought together, such as members of the same family, neighbors, colleagues, or co-owners, and who have every interest in preserving their relationships.
• The emotional origin of the conflict, such as a relational misunderstanding for which explanations through relationship restoration would be more desirable than legal action.
• The certainty that judicial settlement of the dispute will not end the conflict but rather will only exacerbate it.
• The mismatch between the stakes of a lawsuit and the foreseeable cost of legal action.
• The predictability of a slow pace of judicial proceedings in light of the nature of the conflict and the requirements of the proceedings (expertise, counter-expertise, appeals, etc.).
• The complexity of the case to the extent that neither party is quite certain of the outcome of the trial.