How does it work?
The charter aims to define the framework within which mediation will take place and to inform the parties involved in the mediation of their respective rights and obligations, as well as the role of the mediator.

This charter is an integral part of the standard mediation agreement signed by the parties and the mediator.

1. Referral Process

WIN WIN FATUM is engaged at the request of one or more parties in the context of resolving internal company difficulties, disputes with third parties, or for project support.

When mediation is initiated in the context of a dispute, it may be triggered by a contractual clause requiring its implementation before any legal action, upon the proposal of a court, or, of course, at the suggestion of one of the parties. In the latter case, WIN WIN FATUM will contact the other party(ies) free of charge to present the proposed process and suggest its use.

WIN WIN FATUM will answer your questions at: contact@winwinfatum.com.

2. Appointment of the Mediator(s)

Depending on the stakes of the project or dispute, the parties may opt for a pair of mediators or a single mediator, subject to the provisions of Article 4.

The parties may, if they wish, express their preference for a specific mediator. Otherwise, WIN WIN FATUM will appoint one or more mediators who meet the strict conditions defined in Article 4 and whose availability aligns with the parties’ needs.

3. Location and Format of Mediation Meetings: In-Person/Remote

The parties and the mediator will mutually agree in the mediation agreement on the format of the mediation meetings, which may preferably be held in person or, if necessary, remotely.

For in-person meetings, the parties will agree on the location. If no agreement is reached, the mediator will determine the location.

4. Rules Ensuring the Quality of the Mediator-Lawyer: Absence of Conflict of Interest, Independence, Competence, Diligence, Neutrality, and Impartiality

The mediator acts within the framework of the law and in compliance with their ethical obligations as defined in the National Code of Ethics for Mediators. The mediator must maintain their position as a third party and ensure that the ethical and deontological conditions governing their intervention are respected throughout the mediation process.

The mediator must first ensure that there is no conflict of interest, meaning they do not act as a lawyer for any of the parties involved in the mediation or any of their associates within their practice structure. Furthermore, they commit not to act as a lawyer for any of the parties after the mediation for a period of one year from the mediation date.

The mediator must remain independent, neutral, and impartial toward the parties and is required to disclose any circumstances that could affect their independence or impartiality.

The mediator is competent and diligent: they have received certified mediation training, validated their skills, and obtained accreditation to practice as a mediator. They commit to ongoing training and exchanging practices with other accredited mediators, particularly within the WIN WIN FATUM association. They will respond promptly to the parties’ requests and make themselves available as much as possible to meet their needs, ensuring a dynamic and efficient management of the mediation process.

The mediator has a duty to preserve the independence inherent in their role. They cannot advise the parties and are not meant to impose a solution. Their role is not to judge or arbitrate.

The mediator is bound by confidentiality within the limits provided by law.

The mediator may terminate a mediation if their own judgment, ethics, or deontological standards lead them to believe that the process is not being conducted fairly and/or in compliance with the Mediator’s Code of Ethics.

5. Role and Mission of the Mediator – Mediation Process and Parties’ Commitment

Upon their appointment, the mediator contacts the parties and their respective lawyers, jointly or separately, to define the scope of their mission.

They must facilitate the parties’ search for a solution to resolve their dispute or achieve their project by explaining their role, the rules, and the mediation process. They ensure the parties’ agreement on the defined mediation process by submitting the Mediation Agreement, which formalizes the respective commitments of WIN WIN FATUM and the parties.

The mediator will make every effort to:

• Foster conditions for open communication based on mutual recognition of interests and respect for transparency and equal treatment of the parties;

• Enable the parties to develop a solution, fully informed, particularly with regard to third parties.

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6. Commitment of the Parties

The parties commit to acting in good faith throughout the mediation process and to behaving respectfully and courteously toward the mediator and the other parties.

In this context, the parties will respond promptly to meeting proposals and, except in exceptional cases, will honor their commitments to attend scheduled meetings, justifying their ability to engage, if applicable, the company they represent in a mediation process that may lead to a decision.

From the start of the mediation process until its conclusion, regardless of the reason, the parties commit to maintaining confidentiality within the limits of the law and agree not to disclose any information related to the mediation to any third party (except their respective lawyers and authorized third parties), with this obligation continuing after the mediation.

7. End of Mediation

Mediation ends when:

• The parties and/or their respective advisors draft a mediation protocol resolving their dispute;

• One party decides to terminate the mediation;

• The mediator drafts a document acknowledging the failure of the mediation.

8. Remuneration for Mediation

The fees and costs of mediation are determined based on the applicable flat-rate scale.

The remuneration and expenses incurred by the mediation mission will generally be shared equally by the parties, unless otherwise agreed.

The payment terms will be specified in the mediation agreement.