France’s July 18, 2025 decree transforms mediation — once largely voluntary — into a structured stage of civil proceedings, marking a significant shift in alternative dispute resolution.
👉 Elsa Rodrigues, certified mediator and partner at LERINS, analyzes for Juristes d’Entreprise Magazine (AFJE) the new rules and their practical implications: beyond the new procedural framework — court-ordered meetings with a mediator (with potential financial penalties for non-compliance), directly enforceable settlement agreements, and the broader use of amicable settlement hearings — a deeper paradigm shift is underway.
The systematic refusal to engage in dialogue is no longer legally neutral, and mediation is becoming a strategic dispute management tool, supporting both the preservation of business relationships and effective risk control.
The article also highlights the growing use of hybrid mechanisms such as Med-Arb, along with key considerations for drafting robust contractual clauses.
