Introduction

Process of extra-judicial mediation

Mediation process

Extra-judicial mediation

Organization of judicial mediation

Process of judicial mediation

Judicial mediation

Mandatory mediation

Mediation

Organization of extra-judicial conciliation

Conduct of extra-judicial conciliation

Extra-judicial conciliation (conciliation conventionnelle)

Organization of judicial conciliation

Process of judicial conciliation

Judicial conciliation

Mandatory conciliation

Conciliation

Agreement for participatory procedure

Conduct of the procedure

Participatory procedure for the purpose of amicable resolution

Conditions for validity

Conciliation conducted by judge

Approval (homologation)

Acquisition of enforceable status

Agreement of the parties

6. Alternative Dispute Resolution

Under Article 1541 of the Code of Civil Procedure, the agreement for amicable settlement of the dispute is negotiated and concluded in accordance with the ordinary civil law of contracts. As such, it is perfected by the simple exchange of consent, unless the parties decide otherwise. If it has been recorded in writing, it is enforceable in accordance with the approval procedure set out in Articles 1545 et seq. of the Code of Civil Procedure.

Any agreement that settles all or part of the dispute and does not result from conciliation, mediation, or a participatory procedure agreement is a settlement under Article 2044 of the Civil Code in order to be approved (Art. 1541-1 CPC).

In order to be approved, the agreement must set out the conditions under which a minor has been informed of their right to be heard by the court or the person appointed by them and to be assisted by a lawyer, where it concerns a child and, in particular, the terms of the exercise of parental authority (Art. 1541-2 CPC).

Finally, an agreement resulting from mediation, pursuant to Directive 2008/52 of May 21, 2008, which has been made enforceable by a court or authority of another Member State of the EU, is recognized and declared enforceable in France under the conditions provided for in Articles 509-2 to 509-7 of the Code of Civil Procedure (Art. 1541-3 CPC).

44. Conditions for validity