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

It is part of every court's duty to reconcile the parties . Conciliation is attempted, unless otherwise provided, at the place and time deemed favorable by the court , according to the procedures it sets , and without needing to seek a mandate from the parties for this purpose . However, although the establishment of judicial conciliation does not require the parties' agreement , the court may consider that the absence of one party at the proceedings makes the organization of such a measure inappropriate, as it is more likely to succeed with the voluntary cooperation of all parties .

CA Aix-en-Provence, 13 October 2020, LawLex202400003013JBJ, considering that the age of a dispute does not make a conciliation measure appropriate.

Cass. 1re civ., 8 March 2005, LawLex202300001718JBJ.

CA Aix-en-Provence, 13 October 2020, LawLex202400003013JBJ.

Role of the court

The judge may enjoin the parties to meet with a conciliator within a period determined by the former and, in his or her order, make the measure conditional upon the conciliator obtaining the consent of the parties (Art. 1533 Code of Civil Procedure). During this information meeting, which may be held by audiovisual telecommunication, the parties may be assisted by any person qualified to do so before the court hearing the case. The presence or absence of a party at the meeting is not confidential information (Art. 1533-1 CPC), but the conciliator is required to notify the judge, who may impose a civil fine of up to EUR 10,000 on the party that fails to comply with the injunction (Art. 1533-3 CPC).

Injunction for conciliation

6. Alternative Dispute Resolution

31. Role of the court

32. Injunction for conciliation