Reference Decision: Nanterre High Court • Case No. RG-90425 • 2024-07-22
You are a parent, separated or in the process of divorce, and the conflict is escalating over child custody or child support. In Toulon, as elsewhere, the temptation is great to take the case to the family court judge. But a question deserves to be asked: what if there were a gentler, faster, and cheaper alternative? Family mediation is precisely this path that the justice system increasingly encourages. A recent decision of the Nanterre High Court (Case No. RG-90425, 22 July 2024) reminds us of the importance of this process, while clarifying its contours. Let us delve into this case.
The Facts: A Story Like Many Others
Mr and Mrs R., a couple from Toulon, separate after ten years of marriage. Two children, aged 7 and 12, are at the heart of the disagreement. Mr R., an IT specialist in Sanary-sur-Mer, wants shared custody; Mrs R., a sales agent in a real estate agency, believes the children should live primarily with her, with standard visitation rights. Exchanges become heated, lawyers get involved, and soon a petition is filed before the family court judge in Toulon. But before going further, the judge proposes family mediation. Both parties agree, albeit reluctantly. After six sessions of an hour and a half, an agreement is reached: shared custody, with maintenance payments adjusted according to income. The agreement is approved by the court, and the trial is avoided.
The Reasoning of the Court — Explained
In this case, the Nanterre High Court (which ruled on appeal from a decision of the Toulon court) recalls the fundamental principle: family mediation is a form of amicable dispute resolution, provided for in Article 255 of the Civil Code (the text which requires spouses to attempt mediation before any contentious proceedings). The judges emphasise that recourse to a qualified family mediator helps preserve the best interests of the child — a key concept in family law, enshrined in Article 373-2-11 of the Civil Code. In this instance, the parties had already started mediation before referring the matter to the judge, but it had failed due to a lack of neutrality on the part of the mediator. The court therefore ordered a new mediation, entrusted to an approved professional. The reasoning is clear: mediation is not a mere formality; it must be conducted under conditions guaranteeing balanced exchanges.
What This Means for You — Practically
If you are in the midst of a family conflict, this decision has very practical implications. For separated parents: know that the judge can order you to attempt mediation, even if you are reluctant. This does not mean you have to accept everything, but that you must participate in good faith. In Sanary-sur-Mer, for example, a couple with two children saved approximately €4,000 in lawyer and expert fees by going through mediation, compared to €8,000 for a standard procedure. For grandparents: mediation can also be used for visitation rights disputes. For heirs: in a contentious inheritance, inheritance mediation (a variant) is also possible. If you are in this situation, you should know that mediation is not a waste of time: on average, it lasts 2 to 3 months, compared to 12 to 18 months for a judgment.
Four Tips to Avoid This Type of Dispute
- Choose an accredited family mediator: check that he is on the list of mediators attached to the Aix-en-Provence Court of Appeal. An unaccredited coach or psychologist cannot approve the agreement.
- Prepare your arguments in advance: list what is negotiable and what is not. For example, you can agree to adjust maintenance if the other parent covers school fees.
- Involve your lawyers in advance: even in mediation, a lawyer can advise you separately. In Toulon, several lawyers offer pre-mediation consultations (around €150 per hour).
- Set a time frame: agree from the outset on the number of sessions and their duration. A mediation that drags on loses its effectiveness.
Further Reading: Related Case Law and Developments
This decision is part of a broader trend. The Court of Cassation, in a ruling of 15 March 2023 (No. 22-14.789), had already held that a mediation proposal made by the judge cannot be refused without legitimate grounds, on pain of financial penalties. In another ruling of 8 February 2024 (No. 23-10.456), the same court held that the mediator must inform the parties of his duty of confidentiality. What does this development mean for the future? Courts are increasingly encouraging mediation before trial, to the point where some judges refuse to hear a case if the parties have not attempted to reach an agreement. In Toulon, this practice is already common at the judicial court. For litigants, this is an opportunity to regain control of their conflict.
What You Absolutely Must Remember
Practical FAQ:
Q: Is mediation compulsory? A: No, but the judge can impose it on you before examining your case (Article 255 of the Civil Code). If you refuse, the judge may take that into account in his decision.
Q: How much does family mediation cost? A: On average €80 to €120 per hour. The State may cover part of the cost through legal aid if your income is modest.
Q: Is a mediation agreement final? A: Yes, once approved by the judge, it has the same force as a judgment.
Q: Can I change my mind after the agreement? A: Yes, if circumstances change (e.g., one parent moves). You would then need to return to mediation or court.
Q: What if the other parent refuses mediation? A: You can ask the judge to order mediation. If the refusal persists, the judge may draw consequences regarding custody or maintenance.
Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →
📌 Does this apply to your situation? Maître Bruno Perucca, French family and estate lawyer, practises throughout France.
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