France


Historical Reference to the Judicial Mediation

Judicial mediation was born from practice. In the 70s judges fostered ADR in collective labor disputes, and later in family lawsuits after realizing that some legally grounded judgments:
- cannot give satisfactory legal solution;
- may induce severe effects from a human perspective;
- imply risks and difficulties for implementation due to hostile reception by the parties;
- do not promote the restoration of the dialogue and  the subsequent restoration of the relationship (litigation “adds fuel to the fire”.

In correspondence with these observations was the law, adopted to regulate the mediation from February 8, 1995.

The Directive was transposed in France through:
- The Act of June 18, 2008, which provides that limitation periods shall not run during the mediation procedure;
- The Ordinance of November 16, 2011, which provides options for mediation before court procedures and specifies the rules of confidentiality and exceptions to the confidentiality regarding court referred mediation.