Center for Maritime Mediation (CMM): a structured response to maritime conflicts

© Maxime Leriche

The maritime sector is no exception to technical or contractual disputes. To avoid the costly and time-consuming legal route, the Centre de Médiation de la Mer (Maritime Mediation Center) offers a supervised, confidential and rapid solution. This structure, born of CMAP's expertise, aims to establish a culture of mediation throughout the industry.

A CMAP initiative for the maritime industry

The Centre de Médiation de la Mer (CMM) was officially launched in 2021, as an extension of the Centre de Médiation et d'Arbitrage de Paris (CMAP), a pioneer in alternative dispute resolution (ADR). The CMM is housed on the premises of the Ille-et-Vilaine CCI, in Saint-Malo, but its reach is national. It was founded with a clear ambition: to adapt mediation practices to the technical, human and economic specificities of the maritime world, be it shipbuilding, port activities or shipping. Until now, the sector has suffered from a lack of specialized structures. By offering a professional, structured approach, the CMM remedies this shortcoming, complementing the existing Maritime Arbitration Chamber.

A pool of qualified mediators and industry experts

The effectiveness of mediation depends to a large extent on the quality and legitimacy of the mediators. The CMM has put together a multi-disciplinary team with technical, legal and managerial backgrounds, all with in-depth knowledge of maritime and port realities. These professionals, trained in mediation by the CMAP-ESCP Institute, bring cross-disciplinary expertise ranging from maritime law and naval engineering to port administration, business management and marine environment issues. They include Gilles de Bagneux, former Director of the Port of Saint-Malo, and Faiza Alleg Dolivet, an experienced lawyer and mediator. This human base guarantees a high level of competence in the handling of cases, and encourages parties to adhere to an often little-known but effective process.

A rigorous, rapid and confidential process

Recourse to mediation takes place in five stages, clearly defined by the CMM. Once the referral has been made âeuros on the initiative of one or both parties âeuros a mediator is appointed, then sessions are organized in complete confidentiality on the center's premises or at an agreed third-party location. The process lasts an average of sixteen hours, spread over two to three weeks, with the aim of achieving resolution within two months. The parties are supported in reaching a mutual agreement, without the mediator imposing a decision. This flexibility is reinforced by tailored logistics: the CMM offers meeting rooms, secretarial services and coordination, while ensuring the neutrality and confidentiality essential to dialogue. The cost of the process remains controlled âeuros between 2,000 and 20,000 euros, depending on the complexity âeuros, and is shared between the parties.

A response to chronic tensions in the industry

In the maritime sector, the sources of conflict are numerous and often structural: subcontracting disputes in shipbuilding, disagreements over equipment conformity, delivery delays, contractual penalties, technical disputes between port operators and service providers, or even conflicts over the use of port and coastal areas. The stakes are technical, economic and reputational. By offering a neutral, non-judicial framework, CMM helps to preserve business relations, avoid lengthy procedures and limit the direct and indirect costs of disputes. In this way, mediation becomes a contractual performance lever for companies in the yachting and merchant marine industries.

A broad scope to serve all maritime stakeholders

The Centre de médiation de la mer is not just for big business. Its scope of intervention covers all activities linked to the sea and rivers: marinas, fishing, shellfish farming, aquaculture, maritime transport, nautical leisure activities, marine biotechnologies, not forgetting relations with users. It is also recognized by the European Commission as a mediator for maritime consumer disputes. In this context, a yachtsman or passenger can refer any dispute with a company in the sector to the CMM free of charge. This extension reinforces the center's cross-functional role, enabling it to intervene in relations between companies as well as between operators and customers.

Fostering a culture of mediation in the industry

One of CMM's challenges is to raise awareness of its offer, which is still too little known, and to encourage the systematic inclusion of mediation clauses in contracts. This preventive approach involves raising awareness among worksites, insurers, professional federations and local authorities. The aim of mediation is not to do away with the courts, but to prevent non-strategic disputes from turning into lengthy, counter-productive legal battles. The dynamic set in motion by CMM could, in time, irrigate the entire nautical industry, by establishing a culture of dialogue, shared responsibility and amicable dispute resolution.