The purpose of the parties to a mediation is to manage their dispute or even to reach a mediation agreement. The agreement of mediation is the convention in which they establish all the facts and rights which in the future will be valid between them and which incarnate for them the solution of the conflict. Since the mediation agreement is an agreement between two parties by Jason Edworthy Milton Keynes, this agreement is not enforceable per se: if one of the parties does not voluntarily execute the agreement, the recalcitrant party can not be forced to do so. execution on the basis of the agreement.
In order for the mediation agreement to receive an enforceable force, an additional step is required: the homologation of the mediation agreement by the judge. The mediation agreement is submitted to the judge by at least one party with the request to grant it enforceability. The homologated agreement can be handed over with the decision of the judge to a bailiff to execute against the defaulting party. The homologation procedure differs depending on whether the mediation agreement was made in the context of a voluntary procedure or judicial mediation. Mediation agreements that occur without the assistance of an accredited mediator can not be certified as it is. Enforceability may also be established by other means, such as, for example, a notarial act.
- Homologation after voluntary mediation
The mediation agreement must be made with the assistance of a certified mediator who has signed this agreement with the parties. One of the parties or all the parties together may apply by motion for approval of the agreement by the competent judge. When all parties proceed together, the intervention of a lawyer is not required. However, if one or more of the parties – but not all together – applies for probate, the motion must be signed by a lawyer. The mediation protocol and the mediation agreement are attached to the homologation request. These documents are filed with the registry of the judge who would be competent if the dispute had been submitted to the courts. In the majority of cases, it is the Court of First Instance.
Some legal matters must, however, be submitted to another judge, for example, the rental disputes that are submitted to the Judge of Peace. The parties may designate in a mutual agreement the territorially competent judge. The judge must check whether the mediation protocol meets the legal conditions, whether the mediator is approved and whether the mediation agreement is not contrary to public order or harms the interests of minors. The judge carries out this control in the Council Chamber, in principle in the absence of the parties, on the basis of the documents filed. If the judge wants an additional explanation he can ask the parties to come and bring him.
The homologation decision has the same value as a mutual agreement judgment. The costs related to the homologation consist of the court fee for the application is varias for the Justice of the Peace).