n°2 December 2013

The 3 minutes of GENEVACCORD ADR

GENEVACCORD ADR was proudly represented by our president and vice-president at the RENDEZ-VOUS d’AUTOMNE on November 22nd, 2013. This important event, organized by the ANM, was held at the “salle Colbert” of the French National Assembly, Palais Bourbon.

Topic : Mediation at the heart of the debate. Societal responsibility and mutating Society.

Each year, Mrs. Gabrielle Planes, president of the ANM, grants mediators the great privilege to meet inside the French National Assembly, a significant historical location.

The performance of the moderator Mr. Georges Potriquet, mediator and honorary journalist, was kind and mindful of a tight schedule, due to the number of lecturers.

In hindsight, we feel as though the subject of commercial mediation was not addressed thoroughly enough, as its stakes differ greatly from that of family and judicial mediation.

We also regretted noticing the latent confusion between mediation and conciliation in the eyes of some French courts.
As the representatives of GENEVACCORD ADR pointed out on several occasions, the ambiguity and confusion surrounding fee schedules should also be clarified. As we see it, mediation is a professional activity and its development hinges on the quality of the training available to mediators as well as its capability to substantiate a livelihood. Regrettably, the current trend appears to be contrary to this notion.

It is simply incomprehensible that, provided the level of training required of mediators, the continuous trainings, and their expected understanding of the stakes in commercial mediation, they would be unable to charge the parties for their services. Mediation is not a “Low Cost” form of justice, but rather a demanding professional art form. According to some, only those that can afford to practice free-of-charge, or are State employees, should become mediators. The fundamental notions of independence, neutrality and impartiality required of mediators rest squarely on their financial independence and autonomy from the State. What is free has no value and thus, contrary to the earnest image of mediation. There is no valid argument for mediators to be less remunerated than attorneys as they share an equally important role in the outcome of a mediation.

On this basis, GENEVACCORD ADR charges in parity with the fee schedules of quality attorneys.

In Frankfurt we met with magistrates that, in the morning, maneuver in a courtroom as judges and in the afternoon, shedding their robes, enter the mediation room as mediators. This is yet another circumstance likely to generate confusion. If one of the arguments in favor of mediation is to promote the fact that mediators are not judges, this practice is inconceivable; particularly so when said judges have not been adequately trained as mediators, and that they do not pursue regularly continuous training.

These examples only prove the urgency in defining precise criteria for the profession of mediator.

Guy A. Bottequin and Patrick-E. Dimier

GENEVACCORD ADR wishes to congratulate their correspondents in Lyon, France.

Mr. Rolland Verniau, esquire and mediator, and Mr. Jeremie Verniau, esquire and mediator, successfully managed to include a mediation clause, designating GENEVACCORD ADR as the mediator, in two international contracts including one with China.

Two articles were also published, respectively:
AVOCAT DE LA MEDIATION (the attorney of mediation) by R. Verniau in “Vie juridique” (Lyon, France)
E-reputation: Comment gérer les atteintes? (e-reputation: controlling the damages) by J. Verniau in “Vie juridique” (Lyon, France) in the financial column.

GENEVACCORD ADR presents its best wishes for Christmas and for the year 2014.

All the members of the GENEVACCORD ADR team, internationally enlarged, wish you health, prosperity, joy and happiness, may the year 2014 make your wishes come true.

GENEVACCORD ADR marches forward.

Several commercial mediation mandates are being prepared for January 2014 as well as requests for GENEVACCORD ADR to participate in multiple events. The “Future of Human Rights” forum to be held in Geneva in December of 2013, an invitation to intervene at the Liege Bar Association (Liège, Belgium) as well as a request for a basic mediation training seminar for international real estate specialists in Paris, France.


Basic mediation training seminars and process familiarization projects designed for executives of several administrative branches of the Republic and Canton of Geneva have also been submitted.

The foundations for intercultural mediation are also being established. Meetings with the corresponding political and administrative authorities are ongoing.  

From left to right: P. Dimier, C. Wagner, Guy A. Bottequin, J. Quintanar Cabello

The poetic corner, as suggested by our president Guy A. Bottequin:

“Weary of all that come with words, with words but without language, / I left for the island covered in snow. / The untamable knows no words. / Its white pages spreading every which way! / I stumble upon deer tracks in the snow. / Not words, but a language.”

Poem from the collection La Place sauvage, Le Castor Astral, 1983