Mediation is an amicable process for resolving disputes. Its aim is to help the parties reach a negotiated solution that is optimal, or failing that, acceptable to all. In CAMC-O mediation, the disputing parties benefit from the intervention of an independent and impartial third party, trained in mediation, who helps them reach a negotiated solution, in line with their respective interests and settling the dispute once and for all.
This third party, called a mediator, is neither an arbitrator nor a judge, but rather a “catalyst” whose mission is to facilitate and enable negotiations between the parties, helping them to find a solution to their dispute themselves.
Mediation
The Benefits
CAMC-O Mediation Procedure
The mediation process takes place in several stages. First of all, the parties in dispute decide to use mediation and select one or more mediators.
The mediator then organizes one or more mediation sessions, during which the parties present their points of view and try to find a solution. If a solution is found, it is formalized in a mediation agreement signed by the parties.
Detailed Mediation Procedure
- Receipt of mediation request.
The request comes from :- The parties, when they agree at the outset of the dispute,
- One of the parties, on the basis of a mediation clause in the contract,
- One of the parties wishes to propose mediation to the other, in the absence of a clause,
- The judge, when the parties agree to have their dispute settled by the Center’s mediation.
The request for mediation contains the following elements:
- statement of the facts and circumstances of the dispute,
- indication of the purpose of the request and, if possible, the amount(s) claimed.
Payment of an advance to cover mediation costs.
- Responding to a request for mediation
Once the request for mediation has been registered, it is notified to the other party by the Centre, in addition to the mediation rules. Two possible answers:- No response/explicit refusal of mediation: the claimant is notified and the file is closed,
- Acceptance of mediation request.
- Appointment of mediator(s)
The mediator is appointed :- By mutual agreement of the parties,
- By the Centre, in the event of disagreement between the parties.
- Declaration of independence
- Confirmation from the mediator
- The mediation process
The first meeting is organized by the Permanent Secretariat between the parties and the mediator, who then initiates the process at his or her discretion. - Time limit and end of mediation
Mediation lasts two (02) months from the date of the first mediation meeting, with the possibility of a one-month extension.
Mediation ends :- With the signed mediation agreement,
- A written statement by the mediator that the mediation has failed,
- By declaration of one of the parties,
- By joint declaration of the parties,
- At the end of the mediation period, unless the parties agree otherwise. (Click here)
- Before the dispute arises: the contract signed between the parties must contain a mediation clause . This clause is an act by which the parties to a contract agree to submit any dispute relating to it to mediation. To avoid any implementation difficulties, CAMC-O provides you with model mediation clauses.
On request, we can also provide companies, organizations and trade associations with close support and advice in drafting their clauses. Contact us
- After the dispute has arisen: in this case, the parties submit a mediation agreement to CAMC-O, expressing their joint willingness to submit to mediation a dispute that has already begun and for which no clause had previously been provided.
- During proceedings before the courts: at the suggestion of the judge to the parties, or at their request, the Center can be called upon by court order to implement mediation.
Mediation may be used by any natural or legal person, public or private (individuals, businesses, companies, the State and its agencies, etc.), in commercial and civil matters, for any dispute over which the parties have free disposal.
The CAMC-O sets the advance on costs and fees for the proceedings in accordance with the current schedule. The parties are then invited to pay the advance on fees requested by CAMC-O, in order to initiate the procedure.
The signed mediation agreement is binding on the parties, pursuant to the OHADA Uniform Act on Mediation. In the event of voluntary non-performance of the obligations contained in the mediation agreement, the diligent party may request homologation, either before the competent court or before a notary.
Consult the CAMC-O Mediation Rules
Submit to CAMC-O
To apply to CAMC-O for mediation of a dispute, simply complete and submit a mediation request online or by sending a paper form by post. You can also contact the center by telephone or by visiting its offices. The request must be accompanied by the necessary documents and comply with the deadlines set out in the mediation rules.
