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

Conciliation is technically the first amicable mode of dispute resolution. Imposed by the law of 16 and 24 August 1790, it became optional with the Code of Civil Procedure of 1975. Today, this same code classifies it among the guiding principles of proceedings, emphasizing that “it is part of the court's mission to reconcile the parties” . The path of conciliation is open in all areas where the parties have free disposal of their rights. Therefore, it cannot be implemented in criminal matters or matters of personal status. The court may decide on its own to organize this conciliation , when it deems the circumstances favorable  or may be required to do so in certain areas , where it has become mandatory again, in which case it can delegate this function to a judicial conciliator . However, the parties can also decide on their own to resort to conciliation by inserting mandatory prior conciliation clauses in their contracts . Whether it is the court itself or a judicial conciliator, the third party's mission is to bring the parties to an agreement, at no cost to them, contained in a report that they prepare on their behalf, which can be approved at their request to be granted enforceability.

See notably, in matters of rural leases, Code of Civil Procedure, Art. 887; in sports law, see Sports Code, Art. R. 141-5.

Principle

23. Principle