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

When the judicial conciliator is engaged, they may invite the interested parties to appear before them, if appropriate (Art 1535 CPC). These parties may be accompanied by an adult of their choice, who must provide proof of identity (Art. 1535-2 CPC). The judicial conciliator may also, with the consent of the interested parties, visit the premises and hear any persons whose testimony seems pertinen …

Process of conciliation

When the judicial conciliator is engaged, they may invite the interested parties to appear before them, if appropriate (Art 1535 CPC). These parties may be accompanied by an adult of their choice, who must provide proof of identity (Art. 1535-2 CPC). The judicial conciliator may also, with the consent of the interested parties, visit the premises and hear any persons whose testimony seems pertinent, subject to their acceptance (Art. 1536-2 CPC).

During the meeting of the parties, when the judicial conciliator, with the agreement of the parties, enlists the assistance of another judicial conciliator from the jurisdiction of the Court of Appeal, they may exchange information on the claims they are handling. The document recording the agreement of the parties is signed by both judicial conciliators (Art. 1536-1 CPC).

Extra-judicial conciliation is subject to the principle of confidentiality under the conditions and in accordance with the procedures set out in Article 1528-3 of the Code of Civil Procedure. The findings of the judicial conciliator and the statements collected during the conciliation cannot be disclosed to third parties or invoked or produced in the context of judicial or arbitral proceedings without the parties' consent, except in the following two cases: (i) in the presence of compelling reasons of public policy or reasons related to the protection of the best interests of the child or the physical or psychological integrity of the person, or (ii) when the disclosure of the existence or the content of the agreement resulting from the mediation is necessary for its implementation or enforcement.

6. Alternative Dispute Resolution

29. Process of conciliation

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Les notions juridiques connexes

29. Process of conciliation

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Les notions juridiques connexes

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