An Alternative Way to Resolve Conflicts

Mediation is a method of conflict resolution based on the intervention of a neutral third party who facilitates communication and guides the parties toward a voluntary agreement. It is a confidential and flexible process, built on interests rather than formal claims. The essential characteristic is that the mediator does not decide: they support dialogue without imposing solutions. It thus differs from decision-making forms of ADR, such as arbitration, where the arbitrator issues a binding award, and from more directive models like conciliation, which focuses on immediate and concrete proposals.

In facilitative mediation, the mediator works on the communication process. They help the parties clarify interests, expectations and misunderstandings, creating space for a solution that emerges from their dialogue. They do not make judgments or anticipate possible judicial outcomes. The goal is to restore the parties’ ability to manage the conflict.

In evaluative mediation, the mediator’s role is more advisory. They analyze the strength of positions, highlight risks and weaknesses, provide guidance on realistic alternatives and bring the parties closer to an agreement consistent with the likely outcomes of litigation. It is a more technical and pragmatic approach, effective when parties need guidance to overcome deadlock.

During the procedure, the parties may decide to refer certain technical or legal issues to an arbitrator, thereby achieving definitive or partial results. This combination of mediation with arbitral elements allows the flexibility of mediation to be combined with the certainty of an arbitral decision if a full agreement is not reached.

According to various international studies, mediation reaches an agreement in the vast majority of cases, with success rates between 70% and 85%, which can approach 90% when parties are prepared and motivated. Research also shows that the number of meetings required remains limited: in most situations, an agreement is found in fewer than five sessions, and only the most complex disputes approach the limit of ten sessions, almost never exceeding it.