This process is an effective method for amicably resolving various disputes, such as relational difficulties, communication issues, misunderstandings, or even breaches of internal rules and legal commitments.
Through this exchange, our experts explain how mediation differs from other dispute resolution methods and why it is a valuable, rapid, and effective alternative for restoring dialogue within companies.
Emmanuel Potdevin and Katia Pouilly are listed as mediators with the Paris Court of Appeal, and Katia Pouilly also co-chairs the Alternative Dispute Resolution Commission of the CNCPI.
Emmanuel Potdevin and Katia Pouilly, médiators
Katia Pouilly: Certainly! Mediation is an amicable conflict resolution process where a mediator, a neutral and impartial third party, helps the disputing parties find a mutually acceptable solution. Unlike a judge, arbitrator, or conciliator, the mediator does not propose solutions or decide the dispute but facilitates understanding and communication between the parties to help them reach an agreement.
Emmanuel Potdevin: Mediation is open to anyone (individuals or entities) involved in a dispute, whether in a professional context (including intellectual property) or personal matters.
As a voluntary process, it is crucial that the parties are willing to communicate better and collaboratively find a solution to their conflict.
Katia Pouilly: Mediation generally follows several key steps:
Initiation: One or both parties can request mediation. In “conventional mediation,” the parties sign an agreement with a mutually selected mediator to govern the mediation process. Alternatively, courts can also refer parties to a mediator for information on the mediation process (this is known as “judicial mediation”).
Preliminary contact: The mediator may reach out to the parties and their legal advisors (if applicable) to understand their goals.
Initial meeting: During the first joint meeting, the mediator explains their role, the parties’ roles, and the framework and objectives of mediation. The mediator ensures all parties voluntarily agree to the process and are committed to participating in good faith.
Discussion of perspectives: Each party presents their view of the dispute in the presence of the other. This phase is crucial for identifying issues, needs, and motivations.
Exploring solutions: After clarifying misunderstandings and concerns, the mediator helps the parties explore potential solutions together. They may suggest reciprocal concessions or innovative resolutions. Throughout, the mediator fosters constructive exchanges to resolve the dispute.
Resolution: At the end of one or more sessions, the parties may identify an amicable resolution. If desired (not mandatory), they can formalize their commitments in a written agreement.
Emmanuel Potdevin: It depends on the parties’ availability and urgency. Some need a quick resolution due to professional or logistical constraints, while others have more flexibility. Mediation can take place over one or multiple sessions but is significantly faster than traditional litigation.
Emmanuel Potdevin: There are numerous advantages. Mediation is far less costly and much faster than court proceedings. It is also confidential, preserving the reputation and relationships of the parties. Additionally, it allows the parties to retain control over the process and outcome since they actively collaborate on finding a solution.
Katia Pouilly: Yes, mediation is not always appropriate. If one party is unwilling to communicate in good faith, the process is unlikely to succeed.
Emmanuel Potdevin: Mediation doesn’t truly "fail" because it provides a structured space for parties to express themselves and be heard in the presence of a neutral, independent, and impartial mediator. This occurs in strict confidentiality and without judicial constraints.
If the parties do not reach a fully satisfactory resolution, they retain all options available before entering mediation, including administrative or judicial avenues.
Katia Pouilly: I would advise approaching the process with an open mind and flexibility. Mediation works best when parties are ready to listen, express themselves honestly, and think creatively to find solutions. It’s essential to see it as an opportunity to resolve disputes constructively.
Katia Pouilly: You’re welcome! I hope this helps clarify this valuable conflict resolution method.
Emmanuel Potdevin: Thank you for the opportunity. International Mediation Week is an excellent chance to highlight the many benefits of mediation for all stakeholders in the intellectual property field.
