Development of mediation in the administrative tribunal of MELUN.
Development of mediation within the administrative courts has been pointed out by the PRESIDENT of the ADMINISTRATIVE TRIBUNAL of MELUN, Ms Sylvie Favier. An interesting and detailed article has been published in Le Moniteur de S&M.
This development had been already described by Ms Sylvie FAVIER, during the 25th UIA world Forum of mediation centers organized by Fbienne van der Vleugel, in her capacity of president of the UIA world Forum of mediation centers, in June 2018, on the territory of Val d'Europe (see events VDV, June 2018 and the article published in the Moniteur S&M, 24-30 June 2018, pp. 4 - 8).
Mediation remains an alternative dispute resolution method that is adapted to multiple conlicts. It requires a voluntary engagement from the parties who are willing to negotiate to fix a suitable and adapted solution, with the help of their lawyers.
In the last edition of WHO'S WHO LEGAL MEDIATION 2019 (page 39), Fabienne van der Vleugel (VDV AVOCATS) has been nominated, with 8 other mediators, in the list of mediators for FRANCE.
In page 6, WHO'S WHO LEGAL MEDIATION 2019 indicates : "[---] Fabienne van der Vleugel of VDV AVOCATS is "just excellent" and has "made a name for herslef very quickly". She has extensive knowledge of issues relating to financial services "[---]".
Milan, capital of mediation, during the 27th UIA world Forum of mediation centers, in January 2020.
The 27th UIA world Forum of mediation centers has gathered about 90 participants from around the world, in MILAN, ITALY. An exceptional opportunity to study development and characteristics of mediation.
"[----] Fabienne van der Vleugel, president of the UIA world forum of mediation centers: "This year, the UIA world forum of mediation centers permits, again, professionals to develop and ameliorate their practices. Questions which are raised and discussed during the Forum promotes adequate development of this alternative dispute resolution method, around the world. I am pleased to see, again, that the Forum is a success gathering so many participants from all over the world : about 90 participants coming from 25 countries from all continents, including Australia, New Zealand, Hong-Kong and USA" [---]".
27th UIA world Forum of mediation centers in MILAN, ITALY.
Question : Which is the objective, the aim and the intention of UIA World Forum of mediation centers ?
The UIA World Forum of mediation centers has been created in 2001. The Forum is organized every 9 months and gathers commercial mediation practitioners from all the world and representatives of multiple ADR (Alternative Dispute Resolution) centers. The Forum is also attended by managers of various enterprises, judges, lawyers, representatives of universities (professors and students), and more generally by those interested in learning about mediation.
Concretely, the Forum offers regularly the opportunity to foster exchange of views on the development of mediation, enhance best practices in ADR methods, and see how alternative dispute resolution methods are developing in the various countries, in all continents.
Mediators may speak openly and straightforwardly about their practices. The Forum comprises dynamic sessions, initiating discussions with the audience, giving the participants the opportunity to share their viewpoints. Multiple coffee breaks are organized : participants may easily continue discussions. The purpose is to permit professionals to enhance in quality their own processes, and be better equipped to permit parties reaching a settlement.
Parallelly, the participants of the Forum are developing their network, and discover new cultures and environments.
Question : After two days UIA's working what's the most important topic you want to tell us?
Multiple topics have been studied during this 27th Forum in Milan : the place and development of mediation in Italy, innovative approaches to mediation, recent developments in OHADA (Organization for the Harmonization of Business Law in Africa), integration on conflict management systems within enterprises, abuse in mediation processes, obstacles and opportunities, optimism during mediation process, study of self-regulated and imposed dispute resolution systems, improvement of negotiating tools, the Singapore convention, the main trends and developments of mediation in China.
Each topic has a value in itself and triggers extremely interesting analyses and dialogues.
One may be reminded that mediation permits parties to settle themselves the conflict, with the help of a mediator, who may restore communication in a constructive and adapted way because mediator is neutral, independent and impartial and ensure the confidentiality of the negotiations. This ARD method may be more often and more efficiently used by individuals, companies and managers, because it permits to define pragmatic and adapted solutions.
After this 27th Forum, we may say that concrete and correct use and development of mediation and, more generally, new ADR systems still requires adapted communication and training of all professionals concerned by conflict management systems and working in the settlement of disputes.
Mediation is, by definition, international, because conflicts may arise anywhere, wherever the registered offices of companies are located, and whichever are individuals’ domiciles. Mediation, also, concerns all generations of individuals – the Forum is more and more attended by young practitioners and students who are willing to develop this process and learn from professionals.
The diversity and large quantity of conflicts demonstrates the necessity to create efficient processes to help parties in dispute defining accurate and adapted solutions. Let’s be innovative in building new systems that permit people to create solutions and be responsible of their future. Innovation requires also communication, audacity, creativity and open-mindedness. Growing interest in mediation and ADR methods demonstrates that this is possible. Education, contracts, by-laws, internal conflict management systems within enterprises are tools permitting growth and improvement of mediation processes.
Fabienne van der Vleugel, President of UIA World Forum of mediation centers Fabienne van der Vleugel, manager and founder of VDV AVOCATS (Serris), is attorney at law admitted to practice in Meaux (East of Paris) and New York, mediator (AMIDIF, IEAM, bMed, MCIarb, CMCC), associate professor in business at University Gustave Eiffel (Meaux), and French foreign trade advisor.