médiation

Médiation is a structured process in which a neutral third party, the mediator, helps disputing parties communicate and negotiate a voluntary settlement. Unlike binding forms of dispute resolution, such as arbitration, mediation yields results only when the parties agree. The process is typically confidential and non-adversarial, emphasizing collaboration, problem-solving, and mutual gains rather than the assessment of blame or fault.

Mediators do not decide the outcome. They facilitate dialogue, help participants clarify interests, frame issues, generate options, and assist in drafting a settlement. They manage meetings, establish ground rules, and encourage fair participation. Although they may address power imbalances to some extent, mediation centers on the parties’ choices and aims to preserve or improve relationships when possible.

Médiation is used across sectors, including civil and commercial disputes, family matters, workplace conflicts, and community issues. It can be voluntary, court-referred, or mandated by statute or court rule, depending on jurisdiction. Sessions may be conducted face-to-face or through private caucuses (shuttle diplomacy), and typically proceed through joint conversations followed by private discussions to explore options.

Outcomes include a voluntary settlement agreement that becomes binding if formalized. In many systems, mediated agreements are enforceable like contracts. Professional standards for mediators stress ethics, confidentiality, neutrality, and competence, with accreditation varying by country and organization. Criticisms of mediation note potential power imbalances, concerns about enforceability of non-binding settlements, and the possibility that negotiations may stall when trust is low.