What is Mediation ?
Mediation refers to an ethical communication process in which an impartial, independent, and non-decision-making third party works through confidential discussions to facilitate the establishment or restoration of relationships for the prevention or resolution of a conflictual situation.
Mediation can also be seen as a structured process in which two or more individuals attempt to reach an agreement to amicably resolve their dispute, with the assistance of a third party, the mediator, chosen by them or appointed with their agreement by the judge handling the dispute.
Being a process of creation or recreation of social bonds, as well as a tool for conflict resolution or prevention, mediation can intervene regardless of the nature of the dispute you are facing: disputes within a company or a couple, among heirs or individuals in a working relationship, between neighbors or co-owners, etc. The main objective of mediation is to move beyond the fatalism of ‘we can no longer discuss’ and replace it with ‘let’s work together to find a solution to our problem.’
Mediation is particularly recommended in the following cases:
- The dispute involves individuals who are compelled by circumstances to interact, such as members of the same family, neighbors, colleagues, or co-owners, and who have a vested interest in preserving their relationships.
- The emotional origin of the conflict, such as a relational misunderstanding, where explanations through restoration of the relationship would be more desirable than legal action.
- The certainty that judicial resolution of the dispute will not end the conflict but rather amplify it.
- The mismatch between the stakes of a lawsuit and the foreseeable cost of legal action.
- The predictability of the slowness of the judicial process compared to the nature of the conflict and the requirements of the proceedings (expertise, counter-expertise, appeals, etc.).
- The complexity of the case to the point where neither party is entirely certain of the outcome of the trial.
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