Mediation is defined as a voluntary and confidential process for settling disputes by negotiation. The main objective of this process is to clear an area of understanding between several people other than before the courts. The parties can therefore resort to this before, during, or even after legal proceedings.

The parties are encouraged to take an active role at each stage of the process, and to express their respective needs and interests, as well as to listen to those of the other party.

In the event of agreement on a negotiated solution, this can be formally accepted (in return for meeting certain strict conditions fixed by the Judicial Code) and each party undertakes to meet their commitments.

If the process fails, the lawyers consulted can no longer pursue with their intervention and from that time on cannot provide a defence of the interests of their clients within the context of a contentious procedure.

Different types of mediation

• Voluntary mediation can play a part "regardless of any other judicial or arbitral proceedings, before, during or after the conduct of judicial proceedings, to have recourse to a mediation procedure. The parties appoint the mediator by mutual consent or call upon a third party to make the appointment" (Article 1730, 1st Section of the Judicial Code).
• Court-instigated mediation may be ordered by the judge dealing with a litigation "but not in proccedings before the Supreme Court (Cour de Cassation) or before the Case Allocation Court (Tribunal d’arrondissement), at the joint request of the parties (or on the initiative of the judge) but with the agreement of the latter. The parties agree on the name of the mediator, who must be accredited by the Commission mentioned in Article 1727" (Article 1734, 1st section, of the Judicial Code).
• Free mediation, which depends on the freedom and wishes of the parties, is not governed by the Legal Code. This is why free mediation does not allow official legal adoption of the agreement potentially concluded therein, as opposed to voluntary and legal mediations.

Collaborative law is another form of mediation which is distinguished by the fact that the parties concerned are represented by a collaborative lawyer who is specialised in this field. In this case, mediation is not conducted by a mediator (neutral, independent and impartial), but by two collaborative lawyers whose objective is to find an amicable solution whilst defending the interests of their respective clients.

Given the growing success of mediation over several years, the Association Council for the Charleroi Bar has created its own mediation centre - the CMBC.

• to inform defendants of the specific features and rules belonging to mediation,
• to distribute a list of authorised mediators who are registered with the Association of the Charleroi Bar,
• to promote recourse to mediation whilst respecting the ethical rules belonging to the lawyer's profession.
• to contribute to the training (on-going or otherwise) of mediators by organising symposia, conferences, discussions or other means.

It brings together lawyers who are authorised by the Centre that have at least 5 years of professional experience and who have undergone suitable training.