ADR (alternative dispute resolution) brings together several parties, each with distinct roles:
| Actor | Role | Example |
|---|---|---|
| Parties to the Dispute | They are seeking an agreement on their own | Customer and Auto Repair Shop |
| Lawyers | Provide advice, negotiate, and can formalize an agreement | Negotiation, participatory process |
| Court-Appointed Mediator | A volunteer appointed by the Court of Appeals; facilitates settlements, particularly in everyday disputes | Neighborhood, bill, contractor |
| Contractual Mediator | An independent third party selected by the parties; helps develop a solution | Civil, Commercial, and Family Law Disputes |
| Consumer Ombudsman | A mediator authorized under the Consumer Code, with jurisdiction over disputes between consumers and businesses; free of charge for the consumer | Insurance, Banking, and Auto Industry Ombudsman, CM2C |
| Court-Appointed Mediator | Appointed by the judge with the consent of the parties during a trial | Dispute already brought before the court |
| Expert | Provides a technical explanation of the issues; does not necessarily rule on them or mediate between them | Automotive Expertise |
| Judicial Officer | May draw up a report or formalize/execute an agreement; is not a mediator | Statement of Findings, Settlement Agreement |
| Judge | Submit to the MARD; if approved, ratify the agreement, or terminate it if negotiations fail | Judicial Court |
| Specialized Administration | Operates within its area of expertise, though it is not always a MARD in the strict sense | Ombudsman, Business Mediator |
Key point: Neither the conciliator nor the mediator decides the dispute. They do not impose any solution. Nor does the expert: he or she provides a technical opinion. Only the judge decides the case, unless the parties reach an agreement.
With regard to consumer matters, the business must provide access to a consumer ombudsman following a prior written complaint: Article L. 612-1 of the Consumer Code. The rules governing the mediator’s quality, independence, and impartiality are set forth in the Articles L. 613-1 et seq..