6. Alternative Dispute Resolution
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Mediation
A: Drafting precautions
C: Scope of clause
II: Subsequent agreement of parties
Section 2: Referral to and remit of conciliator
Chapter 2: Conduct of extra-judicial conciliation
Title 2: Judicial conciliation
Title 3: Mandatory conciliation
Part 3: Participatory procedure for the purpose of amicable resolution
Part 4: Agreement of the parties
25. Effects of the clause
1 minute de lecture
Without preventing the exercise of the parties' right to bring proceedings, the conciliation clause merely postpones it in time. The existence of such a clause in a contract only obliges the parties, in the event of a dispute, to attempt to reach an agreement with the assistance of a conciliator before any referral to the courts . When a specific conciliator is designated by the contract, the prio …
