Mediation is an alternative method for resolving conflicts…
Mediation is an “alternative method for resolving disputes”. It can be implemented in an attempt to avoid litigation and resolve individual disputes between natural or legal persons and companies or institutions.
Free, fast and with open access, it comes into play when all the other internal forms of resolution have been exhausted. This settlement of disputes occurs in a spirit of mediation using the related techniques: listening, fairness, impartiality, a hearing for all parties, confidentiality. The outcome of the mediation is the issuance of a legal advice and fairness opinion, within one to three months (or even more depending on the complexity of the case), that the parties are free to accept or reject.
For the past decade, many large institutions and companies have taken the initiative of establishing Mediators to provide the public with better services and be more tuned in to their concerns. By their positioning, their experience, their moral and professional authority, and the independence they have within the institution or business, these Mediators have a special role: they not only favour the settlement of disputes but they also help to prevent them thanks to their process improvement recommendations.
The Club’s creation
The Club of the Mediators of Services to the Public was created in 2002 to bring together Mediators in organizations (companies, government bodies, local authorities) who shared the same valuesin terms of mediation. From the outset, all of these organizations had the aim of taking fuller account of and more effectively dealing with disputes concerning citizens / users / consumers, and so contribute to the improvement of procedures for the out-of-court settlement of disputes.
The Club Charter
In 2004, the Club drew up its Charter, in consultation with the Mediator of the Republic. It is the cornerstone of values shared by its members and their common vision of mediation. This Charter was renewed at the start of 2011.
Development of the Club
The Club has welcomed new members over time
It is now the only organization in France bringing together mediators who are active in the field of mediation.
It has been behind reviews of mediation, and actively takes part in corresponding work in France and Europe (Iéna Forum in 2006, CNC work on mediation in 2007, mediation directive in 2008, Assises de la Consommation (consumer meeting) in 2009, Commission de la Médiation de la Consommation in 2010, etc.).
In 2009, it developed a procedure for the professionalisation of Mediators and their teams.
It became an Association in 2010 in order to enhance its activities and achieve a higher profile, in France and Europe.
The functioning of the Club of Mediators is based on sharing and teamwork between all its members.
The Club of Mediators regularly brings together its members, the Mediators.
A bureau provides overall coordination.
Working groups are formed when a case requires concerted action: renewal of the Charter, development and monitoring of the professionalisation procedure, development of the club website.
The Club maintains regular contact with the stakeholders in mediation (public authorities, consumer organizations, other mediators, European institutions, etc.).
The Articles of Association
The Club of Mediators was formed as an association (1901 law) in September 2010. Its articles of association were filed at the Paris Prefecture of Police.
This way, the Club intends to consolidate its role in promoting institutional mediation, particularly by fostering the professionalisation of mediators and their teams through training tailored to their needs and ensuring the dissemination among its members of their experience and the sharing of best practices.
Paris, 10 September 2010
Wishing to form an association, the undersigned have established the following articles of association.
Art. 1 – FORM – NAME
Between those adhering to these articles of association is founded an association governed by the law of 1 July 1901 and the decree of 16 August 1901, with the name:
“The Club de Médiateurs de Services au Public” (Club of Public services Mediators)
Art. 2 – PURPOSE
This association aims to promote mediation in accordance with the principles set forth in the Charter for Mediators of Services to the Public. To this end, it promotes the exchange of good practices in order to ensure a high standard of mediation.
Art. 3 – REGISTERED OFFICE
The registered office is at the Caisse des Dépôts et Consignations – 56 rue de Lille – 75356 PARIS SP 07.
It may be transferred by a simple decision of the General Assembly.
Art. 4 – DURATION
The duration of the association is unlimited.
Art. 5 – COMPOSITION
The association consists of:
- honorary members,
- benefactor members,
- founding members, full members,
- active members who are natural persons.
The founding members and ordinary members are mediators or former mediators. They have the capacity of active members and participate in the General Assembly with voting rights. They are up to date with their contributions and undertake to help achieve the purpose of the association.
Benefactor members are natural or legal persons and local authorities who, particularly through donations accepted by the General Assembly, demonstrate a particular interest in the association.
The General Assembly may confer the title of honorary member on anyone who has rendered outstanding services to the association.
Art. 6 – MEMBERSHIP
To join the Association, the applicant must be proposed by the Bureau and approved by the General Assembly which decides on applications for admission by a 2/3 majority of its members.
Art. 7 – CONTRIBUTIONS
Active members undertake to pay an annual fee which is set each year by the General Assembly.
Art. 8 – LOSS OF MEMBERSHIP
Active membership is lost by:
the end of service as a mediator,
non-payment of contributions,
expulsion declared by the General Assembly by a majority of 2/3 of the members.
Art. 9 – RESOURCES
The resources of the association comprise:
the contributions paid by active members,
grants, donations, bequests, gifts and any other resource that is not prohibited by the laws and regulations in force.
Art. 10 – INTERNAL RULES
Internal rules specify and supplement rules of operation of the association. They are approved by the General Assembly.
Art. 11 – ADMINISTRATION
The General Assembly includes all members of the association and meets at least once a year, convened by its Chairman or at the request of a quarter of its members.
It is vested with the broadest powers within the limits of the purpose of the association.
It elects from among its members:
- a chairperson,
- one or more vice-chairperson(s),
- a secretary and, if necessary, an assistant secretary,
- a treasurer and, if necessary, an assistant treasurer
who together constitute the Bureau;
Half of the Bureau is renewed each year. The first year, the members to be replaced are drawn randomly.
The Bureau manages routine business in between meetings of the General Assembly.
The chairperson represents the association in all civil procedures.
The General Assembly may delegate one or other power, for a fixed term, to one or more of its members.
Art. 12 – DISSOLUTION
In the event of dissolution pronounced by at least 2/3 of the members of the General Assembly, one or more liquidators are appointed by it and any assets shall be distributed in accordance with art. 9 of the Law of 1 July 1901 and the decree of 16 August 1901.
The signatories hereby authorise Emmanuel Constans to proceed with the formalities to file the Articles of Association at the Prefecture.
Paris, 10 September 2010
The training of mediators and their teams
The role of the Club of Mediators (association formed under the law of 1901) is to help develop a high standard of mediation entrusted to professional mediators. It has prioritised the initial and continuous training plan, which it helped to establish. Indeed, Mediation practiced by the Club members must be exemplary. It takes place within a process that is specific to it and requires professional skills and full familiarity with the institution or company. This process is based on total confidentiality and an adversarial examination of the case. The mediator is responsible for the quality of responses to applicants and compliance with the related timeframes. They must also formulate legal and fairness opinions or recommendations. To meet these requirements, the Club de Médiateurs de Services au Public (Club of Public services Mediators) has set up, in partnership with the IGPDE (institute of public management and economic development ), a professionalisation scheme for its members and their teams.
The purpose of the procedure:
Acquire communication and conflict management techniques which are useful to conducting examination of cases.
Understand the position of the Mediator and the specificities of their missions (legal and cultural aspects of the activity, the main principles that underpin Mediation, the various types of mediation and its place in society)
Understand the steps and methodology involved in the process of examining a mediation case.
Since the creation of this training, which represents the central module of a procedure also including training modules, four sessions have been organized. They were followed by more than seventy participants. They include both theoretical and practical instruction covering the mediation process. The courses are open to mediators who share the values and principles of mediation as set out in the Charter of the Club of Mediators as well as to the staff in their teams.
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