INTERNATIONAL CONFERENCE OF JUDICIAL MEDIATION - STATUTES
INTERNATIONAL CONFERENCE OF JUDICIAL MEDIATION
STATUTES
ARTICLE 1 – NAME
1.1 On May 2008, an international nonprofit association, constituted in conformity with the French Law of July 1st, 1901, known as the “International Conference of Judicial Mediation”, (the ” International Association”), was created in Paris, France.
1.2 The International Association is governed by these statutes and by the internal regulations, if any, provided for at Article 18 of these statutes.
1.3 The statutes are translated in the different languages used within the International Association, as provided for at Article 22 of these statutes, but in the case of difficulty of interpretation, the French text will be considered the original.
ARTICLE 2 – PURPOSE
2.1 The purpose of the International Association is to:
2.1.1 promote internationally mediation, conciliation and facilitation, collectively called herein “judicial mediation”. Judicial mediation is a method of resolution of judicial litigation which allows traditional justice to enrich itself with a powerful instrument designed to favour access to justice and to ensure a global management of files. Judicial mediation means the work of consensual resolution of litigation carried out by judges, adjudicators and the persons who exercise, particularly, the function of mediator, conciliator and facilitator in a judicial institution or at the request of a judicial institution, while they have the judicial seizin of a suit. Through judicial mediation, the parties, with the assistance of a mediator, attempt to settle their suit, to the extent of their interests, while respecting law and public order. Two innovative principles of justice are challenged by mediation: the responsibility of the parties with respect to their conflict and their empowerment. Judicial mediation constitutes a new form of justice which benefits all parties by raising the credibility of judicial institutions and the justice offered by them;
2.1.2 favour the emergence and the implementation of judicial mediation in all systems of law;
2.1.3 share national experiences in judicial mediation;
2.1.4 give assistance with respect to the implementation and the development of new systems of judicial mediation;
2.1.5 provide cutting edge education based on theoretical and empirical knowledge through teaching sessions and conferences; and
2.1.6 assist states who wish to put in place judicial mediation services.
2.2 The International Association pursues its objectives by all appropriate means, notably by the organization of seminars and international congresses and the editing of publications and their distribution.
2.3 For these purposes, the International Association:
2.3.1 cooperates with all national and international organizations having similar preoccupations or permitting the realization of its objectives;
2.3.2 ensures a permanent representation at governmental and non governmental international organizations having similar preoccupations or permitting the realization of its objectives.
ARTICLE 3 - OFFICES
3.1 The International Association has its head office in Paris, France, at
3.1.1 The International Association has its international offices in Montreal, Los Angeles and Sao Paulo.
3.2 The head office of the International Association may be changed to any location, in Europe, by a decision of the General Assembly.
3.3 Other administrative or work offices may be established in any country, depending on the needs, by decision of the Board of Directors.
ARTICLE 4 – MEMBERSHIP
4.1 The persons, organizations and associations which meet the criteria hereinafter described may become members of the International Association, upon written request or by electronic means. The members must respect the statutes and pay their annual dues.
ARTICLE 5 - INDIVIDUAL MEMBERS
5.1 Judges, adjudicators and persons who exercise, particularly, the function of mediator in a judicial institution or at the request of a judicial institution, can be individual members of the International Association. Retired judges and adjudicators who continue to be active in the field of judicial mediation, particularly by teaching and publishing, can also be individual members of the International Association.
5.2 Only individual members who are up-to-date with their dues, may exercise mandates within the International Association.
ARTICLE 6 - COLLECTIVE MEMBERS
6.1 The following may be collective members of the International Association:
6.1.1 the jurisdictions wherein the judges and adjudicators work;
6.1.2 the national and regional associations which regroup judges and adjudicators who exercise, particularly, the function of mediator in a judicial institution or at the request of a judicial institution.
6.2 Each collective member may designate a representative for the purpose of Article 15.
ARTICLE 7 - ASSOCIATE MEMBERS
7.1 Academics and qualified persons who show an interest in and who favour judicial mediation can be associate members of the International Association.
ARTICLE 8 - HONORARY MEMBERS
8.1 Honorary members who show an interest in and who favour judicial mediation can be appointed by the Board of Directors and are exempt from dues.
ARTICLE 9 - LIFE MEMBERS
9.1 Life members can be appointed by the Board of Directors for an exceptional contribution to the development of judicial mediation and are exempt from dues.
ARTICLE 10 - ADMISSION OF MEMBERS
10.1 The admission of members is determined by the Board of Directors.
ARTICLE 11 - RESIGNATION-EXCLUSION
11.1 Any member can resign from the International Association by letter addressed to the Board of Directors.
11.2 Any member, other than an honorary member or life member, who has not paid dues for the preceding year, will be considered as having resigned on the first of January.
11.3 Any breach of the statutory obligations and the purpose of the International Association may lead to the exclusion of the concerned member by decision of the Board of Directors, conditional upon the member having been previously invited to explain himself or herself.
11.4 Any member who has resigned or been excluded has no right to the assets of the International Association. All dues paid remain the property of the International Association.
ARTICLE 12 - THE BODIES OF THE ASSOCIATION
12.1 The bodies of the International Association are the General Assembly and the Board of Directors.
ARTICLE 13 - THE GENERAL ASSEMBLY
13.1 The General Assembly is the supreme body of the International Association.
13.2 The General Assembly meets at least once every two years, at a place and time decided by the Board of Directors.
13.3 The notice of meeting must be addressed by mail or by e-mail at least a month before the date of the meeting with the agenda fixed by the Board of Directors.
13.4 All the members of the International Association who have paid their dues, as well as the honorary members and the life members, participate in the General Assembly.
ARTICLE 14 – POWERS OF THE GENERAL ASSEMBLY
14.1 The General Assembly can only deliberate on the issues and resolutions that appear on the agenda. The President may, exceptionally and in cases of emergency, with the prior agreement of the Board of Directors, add a resolution to the agenda of the General Assembly, provided it is in conformity with the purpose of the International Association and in accordance with the statutes.
14.2 The General Assembly:
14.2.1 approves the accounts and the budget;
14.2.2 fixes the amount of the annual dues as proposed by the Board of Directors;
14.2.3 elects the President, Secretary and Treasurer; and
14.2.4 elects the members of the Board of Directors.
14.3 The Special General Assembly rules on the modification of the statutes and, if applicable, decides on the dissolution of the International Association.
ARTICLE 15 - VOTE AT THE GENERAL ASSEMBLY
15.1 The decisions of the General Assembly are taken by a simple majority of the votes, without the necessity of a quorum.
15.2 However, the decisions relating to the modification of the statutes or to the dissolution of the International Association must be taken by a majority of two thirds of the votes, that is by a majority of two thirds of the votes of the members present or represented.
15.3 Each individual member, associate member, honorary member and life member present or represented at the General Assembly has one vote.
15.4 Each collective member represented at the General Assembly has one vote.
15.5 A vote is cast by hand, unless a secret vote is requested by one third of the members present having a right of vote or if decided by the President.
15.6 A vote by proxy is permitted for members. Each proxy must be a member of the International Association.
ARTICLE 16 - BOARD OF DIRECTORS
16.1 The Board of Directors manages and implements the decisions of the General Assembly.
16.2 The Board of Directors is convened by the President by mail or e-mail.
16.3 The Board of Directors is validly constituted when half of its members are gathered. It takes its decisions at a simple majority of the members present. In case of equality of the votes, the President has the casting vote.
16.4 The Board of Directors may add, on a provisional basis, any person it judges useful to the accomplishment of the mission.
16.5 The Board of Directors meets at least every six months, on notice of the President or at any time, on request of one third of its members.
16.6 The decisions are taken by a simple majority.
ARTICLE 17 - COMPOSITION OF THE BOARD OF DIRECTORS
17.1 The Board of Directors is composed of at least five members elected by the General Assembly to which is added one member designated for each national section.
17.2 The directors are elected or designated for three years and are re-eligible or renewable.
17.3 A national section is constituted as soon as there are seven members in a same country, of which five must be judges or jurisdictions.
ARTICLE 18 - POWERS OF THE BOARD OF DIRECTORS
18.1 The Board of Directors:
18.1.1 prepares the internal bylaws useful for the functioning of the International Association;
18.1.2 proposes to the Special General Assembly any statutory modification;
18.1.3 deliberates on all questions submitted by the members;
18.1.4 proposes to the General Assembly the amount of the annual dues;
18.1.5 prepares the yearly accounts and the budget; and
18.1.6 addresses all aspects of the daily life of the International Association.
ARTICLE 19 - PRESIDENT
19.1 The President presides the Board of Directors and the General Assembly.
19.2 The President directs the International Association and represents it.
19.3 The President implements the decisions of the General Assembly and the Board of Directors.
ARTICLE 20 - DURATION OF THE MANDATES
20.1 The duration of the mandates is calculated from the annual ordinary General Assembly to the following ordinary General Assembly.
ARTICLE 21 – FINANCES
21.1 The financial year commences on January the first and terminates on December 31 of each year.
21.2 The President presents financial reports annually to the Board of Directors and has them approved by the General Assembly.
21.3 The resources include dues and grants received from national and international public institutions.
ARTICLE 22 – LANGUAGES
22.1 The official languages are English, French and Spanish.
ARTICLE 23 - DISSOLUTION-LIQUIDATION
23.1 The General Assembly called to pronounce itself on the dissolution of the International Association, must be convened three months in advance, following a detailed report of the Board of Directors. The dissolution is pronounced by the majority defined at Article 15 of the statutes.
23.2 The liquidation is carried out by a person in function at the time of the decision of dissolution or, failing same, appointed by the Board of Directors.
23.3 The patrimony is distributed to an association, moral person or trust which shares a similar purpose with the International Association.
ARTICLE 24 - FINAL DISPOSITIONS
24.1 Any issue which is not expressly dealt with in these statutes is settled under French Law.
