Lot-et-Garonne: the Agen court wants to develop mediation in the department

Throughout the day, the courtroom of the Agen courthouse hosted the symposium “What do we know about mediation?”, organized by the Departmental Council for Access to Law of Lot-et-Garonne (CDAD 47). More than 90 people, mostly professionals from the socio-legal sector (lawyers, notaries, magistrates, agents of the France services network, social workers, associations of mediators, or even funders of mediation), took part in this meeting, which had for the purpose of raising awareness of mediation. The morning was reserved for family mediation. As for the afternoon, it was devoted to civil mediation.

“It is a question of making mediation, both family and civil, a real alternative to the traditional referral to the judge, better known to an audience of professionals likely to prescribe it or to direct the parties towards this amicable method of settling disputes. (MARD), likely to bring citizens closer to their justice, communicates the CDAD 47. This event will participate in the continuous training of each of the actors.

“Mediation is not yet used enough in Lot-et-Garonne”

In Lot-et-Garonne, Eric Bramat, president of the Judicial Court of Agen, has made mediation “a strong axis of the jurisdictional policy” he leads, said the latter on the sidelines of the conference. “This amicable mode is not yet used enough in the Lot-et-Garonne department, with a fairly low number of mediations per inhabitant, recalled the latter during his introduction. This conference is there to convince lawyers who would still a little reluctant to do that. It’s not a natural process for some of them.”

Mediation is therefore an amicable mode of dispute resolution (ADR) which can be an alternative for settling a dispute in civil, family or commercial matters. It may be a neighborhood dispute, difficulties in collecting a debt, problems between landlords and tenants, or difficulties with a former spouse regarding the custody or visitation rights of a child. A person can appeal to a mediator before resorting to a judge, it is a conventional or extrajudicial mediation. A magistrate can also request mediation in the context of a dispute and refer the protagonists to a mediator. This is called judicial mediation.

“Allow the resolution of a conflict”

In Lot-et-Garonne, around fifty civil mediation files have been handled since 2021 and the creation of a local unit by Eric Bramat. As for family mediation, under the responsibility of the Safeguard associations and the Departmental Union of Family Associations (Udaf 47), 146 files are currently in the hands of the four mediators. “The role of a judge is not to settle a conflict, it is to judge it, confides a family mediator. Mediation makes it possible to go back to the root of a dispute in order to find solutions. settlement of a conflict.As part of family mediation, the mediator offers the parents a step-by-step approach to all the concrete aspects of the organization to be defined after the separation.He also helps the parents to identify the origin of the conflict and what opposes them, in order to maintain or restore communication within the family.”