Introduction | 6. Alternative Dispute Resolution () • Livv

1. Definition

The term “amicable” refers to what is derived from mutual agreement, which reconciles opposing interests. The amicable resolution of a dispute aims to settle conflicts between parties in a peaceful, negotiated, and consensual manner, without …

2. Objectives

It was at the end of the 20th century, following the development of alternative dispute resolution (ADR) in the United States, and then under the influence of European law , which sees them as a means to ensure better access to justice, that the …

3. Characteristics of ADR

Although they share a common definition and certain traits, such as the involvement of a third party, mediation and conciliation do not pursue the same objectives. Mediation aims to restore dialogue and ease tensions between the parties, with a …

4. Importance

Amicable modes of dispute resolution are of growing importance. 1) Mediation Mediation can be implemented in virtually all matters, including civil , commercial, social , rural, tax , administrative , or consumer matters (Art. L. 611-1 to L. 616-3 …

5. Do ADR mechanisms actually resolve all issues?

Despite their many advantages, ADRs are not exempt from criticism. First of all, the agreements concluded by the parties are primarily contractual in nature, which deprives them of enforceability. The referral to the court, which the parties were …

6. Related procedures

Mediation, conciliation, and participatory procedure are distinguished from other institutions, such as arbitration, settlement, and what is referred to as collaborative law. 1) Arbitration Arbitration is a method of dispute resolution whereby the …

7. Conciliation in the course of proceedings

Article 21 of the Code of Civil Procedure entrusts the court with a mission of conciliation. As a guiding principle of proceedings, conciliation may be proposed during the course of proceedings by the court to the parties who have not undertaken …

8. Amicable settlement hearing

Since the entry into force of Decree No 2023-686 of 29 July 2023, on 1 November 2023, parties may be summoned to an amicable settlement hearing according to the procedures provided for in Articles 774-1 to 774-4 (Art. 776, para. 3, CPC). Thus, the …