The approach taken depends on the will of the parties. For his part, Jean A. Mirimanoff prefers, given that the process of conciliation is not as structured as it is in mediation, to maintain a certain freedom. To be able to propose to the parties a legal evaluation (if the file allows it), i.e. to give his opinion on the respected merits of the theses in question, either to try to find a solution based on their interests with the parties, or to facilitate negotiation between them by restoring respectful communication, or, finally, to combine these approaches. He may try, if the parties so desire, to propose a solution.
The conciliation process is generally shorter than mediation and can be held in a single session.
The rules of ethics are essentially the confidentiality of the process and the independence of the conciliator.
The fields of intervention concern problems, difficulties, tensions or conflicts in civil and commercial matters (contract law), real estate (promotions, commercial leases, scope of servitudes, co-ownership, neighborhoods, etc.) and family (separation, protective measures of conjugal union, divorce, post-divorce, successions in prevention and resolution), and criminal conflicts in which the civil character is preponderant.
The mode of intervention is close to the judicial model: Jean A. Mirimanoff acts alone, with the possibility of using expertise if technical questions need to be clarified.
Lawyers are welcome in the process of conciliation.
The fees, their amount (the hourly rate) and their allocation key between the parties are the subject of agreement between these lasts in the preparatory phase of the process.