To find a mediator near your place of residence approved by a Court of Appeal, go to the website of the relevant Court of Appeal. Some courts of appeal have not established lists of mediators. See below for access to the main lists.

The private mediator is a independent, impartial, and neutral third party who helps the parties find an amicable solution to their dispute themselves. Some of these mediators are on lists drawn up by certain courts of appeal, which is not a formal obligation, but an additional guarantee of quality.

Access to main lists

Overview

The private mediator is an independent, impartial, and neutral third party who helps two or more people find an amicable solution to their dispute by themselves. Unlike a judge or an arbitrator, they do not settle the dispute and do not impose any decision.

The mediator may practice independently, within an office, an association, or a company. Some mediators are registered on a list drawn up by a court of appeal, after the opinion of the general assembly of magistrates. This registration constitutes a guarantee of competence recognized by the courts but is not mandatory to practice conventional mediation.

Mediation is based on confidentiality, voluntarism, and the search for a balanced agreement.

Types of disputes handled

The private mediator can intervene, in particular, in the following disputes:

disputes between individuals ;
family disputes (excluding regulated family mediation when a specialized service is required); ;
neighborhood disputes; ;
disputes between partners or shareholders; ;
disputes between companies; ;
commercial disputes; ;
disputes between employers and employees (excluding specific proceedings); ;
real estate or condominium disputes; ;
contract disputes; ;
disputes related to the provision of services; ;
disagreements between professionals and clients when no mandatory industry mediator has jurisdiction.

Situations outside their remit

Private mediation is generally not suitable when:

An urgent court order is necessary; ;
a criminal offense must be prosecuted; ;
one of the parties refuses all discussion; ;
one of the parties is deprived of legal capacity without appropriate representation; ;
The dispute must be referred to a specialized body (consumer ombudsman, banking ombudsman, insurance ombudsman, etc.); ;
Public policy prohibits any such transaction.

How they can help

Depending on the needs of the parties, the mediator may intervene:

in person ;
by phone ;
via videoconference ;
by email exchange; ;
in a hybrid format (in-person and remote).

Some mediation sessions include joint meetings and, if necessary, separate meetings (caucuses).

Eligibility requirements

Mediation generally involves:

the voluntary agreement of all parties; ;
a specific dispute; ;
identified parts; ;
the absence of any procedure that is incompatible with mediation; ;
the willingness to seek an amicable solution in good faith.

It is recommended to have the main useful documents available (contract, quote, invoices, correspondence, photographs, complaint letters, etc.).

How to find a private mediator

You can search for a mediator:

with the courts of appeals (lists of registered mediators); ;
through mediator associations; ;
at mediation centers; ;
upon the recommendation of a lawyer, notary, expert, or legal professional; ;
by searching the internet and checking their experience, qualifications, and terms of service.

How to make a referral

Contacting the mediator.
Brief presentation of the dispute.
Verification that the case does indeed fall under mediation.
Information of the parties on the modalities and the cost.
Acceptance by all parties.
Potential signing of a mediation agreement.
Scheduling meetings.
The mediation process from start to finish.

How the process works

Mediation generally includes:

a preliminary interview ;
gathering relevant information; ;
one or more mediation sessions; ;
identifying the parties' actual interests; ;
the search for acceptable solutions; ;
the possible drafting of a memorandum of understanding; ;
the conclusion of mediation.

The mediator facilitates dialogue but does not provide legal advice to the parties and never makes decisions on their behalf.

Typical timeframes

Deadlines vary depending on the complexity of the case:

Initial contact: a few days; ;
First meeting: one to four weeks; ;
Simple mediation: one to six weeks; ;
complex mediation: two to six months.

These timeframes are generally much shorter than those involved in legal proceedings.

Possible outcomes

Mediation can result in:

complete agreement; ;
a partial agreement ;
an agreement in principle requiring further verification; ;
a lack of agreement; ;
a suspension of mediation at the request of one of the parties.

When an agreement is reached, it can be formalized in writing. Depending on the situation, it can also be approved by a judge in order to make it enforceable.

Options if the process is unsuccessful

If no agreement is reached, the parties retain the option to:

continue their negotiations; ;
consult a lawyer ;
contact a court-appointed conciliator when appropriate; ;
contact a specialized mediator if the sector provides for one; ;
initiate legal proceedings ;
resort to arbitration if such a method of dispute resolution is provided for.

The failure of mediation never deprives a party of its right to take legal action.

Advantages and limitations

Benefits	Disadvantages
Fast	Requires the agreement of the parties
Flexible	The mediator has no decision-making authority
Confidential	No guaranteed agreement
Preserve relationships	May be subject to a fee
The parties retain control over the solution	Some matters do not lend themselves to it
Search for customized solutions	May delay the legal proceedings if initiated too late
A procedure that is often less expensive than a trial	The agreement may require judicial validation to be enforceable

Main applicable texts

Articles 131-1 through 131-15 of the Code of Civil Procedure (court-ordered mediation).
Articles 1528 through 1535 of the Code of Civil Procedure (contractual mediation and the mediation process).
Articles 1532 through 1535 of the Code of Civil Procedure (agreement reached through mediation).
Articles 2044 through 2052 of the Civil Code (settlement).
Directive 2008/52/EC of the European Parliament and of the Council of May 21, 2008, on certain aspects of mediation in civil and commercial matters.
Law No. 95-125 of February 8, 1995, on the Organization of the Courts and Civil, Criminal, and Administrative Procedure (provisions on mediation, as subsequently amended).