Mediation is a voluntary and confidential process for resolving disputes through the involvement of a neutral, independent and impartial third party, the mediator.
The mediator does not act as legal adviser to either party, does not take sides, and does not act as a judge.
Specially trained for this purpose, the mediator’s role is to re-establish dialogue between the parties by conducting constructive discussions with them, with the aim of helping them reach an agreement that is satisfactory to both, within a framework of confidentiality, transparency and mutual respect.
Mediation involves the absence of legal proceedings or the suspension of such proceedings during the process. The parties play a very active role in the process, with the mediator helping them to find their own solutions to their situation, in accordance with public policy.
Maître Françoise Wilmotte is an accredited mediator, meaning that agreements reached with her can be approved by a judge.
Collaborative law is a voluntary and confidential negotiation process, employing effective negotiation and communication techniques to help the parties reach an agreement that is acceptable and sustainable for each of them, whilst complying with the law.
Collaborative law is carried out by the lawyers representing each party and therefore involves four people (the two parties and their respective lawyers). Throughout the process, the lawyers guide and support the parties in their shared aim of reaching an agreement.
Collaborative lawyers are specifically trained in this process and are committed to negotiating with a different mindset, characterised by loyalty, good faith and transparency, and using different negotiation methods: significant emphasis is placed on the individuals involved and on managing relationships, with a view to identifying mutually satisfactory solutions. The collaborative law process involves the absence of legal proceedings or their suspension whilst the process is ongoing.
A collaborative lawyer is obliged to withdraw should negotiations fail, which serves as a guarantee of a secure negotiating framework for the parties.
Maître Jean-Pierre Jacques and Maître Françoise Wilmotte are lawyers who have signed the Collaborative Law Charter.
Negotiation
The aim of negotiation is to resolve disputes amicably; it may be conducted directly by the parties to the dispute or by their respective solicitors, with or without the assistance of a third party chosen by the parties.
It is not subject to any specific rules, unlike mediation or collaborative law, and does not require any specific training. Negotiation may take place before, during or after legal proceedings.
Maître Jean-Pierre Jacques and Maître Françoise Wilmotte are experienced in negotiations and favour this method of dispute resolution when mediation or collaborative law is not an option.
Conciliation is a method of conflict resolution based on the intervention of an independent third party who specialises in a particular field of expertise.
The conciliator plays an active role: they listen to the parties’ views, give their opinion and propose options or solutions for settlement. The parties determine the scope of the conciliator’s involvement, whether it is confidential or not, and whether it covers the dispute as a whole or specific issues.
Under certain conditions, conciliation may also be conducted by a judge (notably within the Family Court through the Amicable Settlement Chamber). Maître Jean-Pierre Jacques and Maître Françoise Wilmotte regularly act in conciliation proceedings, whether judicial or otherwise.
The purpose of arbitration is to resolve a dispute not through the courts, but through one or more arbitrators, chosen and remunerated by the parties.
The arbitral tribunal issues an arbitral award after hearing the parties and examining the files and documents submitted. Like a court judgement, an arbitral award may, if necessary, be enforced. The parties generally seek arbitration because of the arbitrators’ specialist expertise in a particular or fairly technical field.
Maître Françoise Wilmotte is an arbitrator at the EUREGIO Arbitration Centre.
