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

The use of a participatory procedure by the parties to a dispute may sometimes prove unsuccessful, with the result that the dispute persists, either partially or entirely. In such cases, the parties have a gateway that allows them to refer the matter to the court for an expedited ruling on the dispute.
Where the rules of procedure applicable before the court seized for the purpose of ruling on all …

Dispute persisting

During the conduct of the participatory procedure, the parties may formalize procedural acts intended to establish points of law or fact on which they agree, subsequent to the conclusion of the agreement. These must be countersigned by the lawyers and mentioned in the participatory procedure agreement. Pursuant to Article 1546-3 of the Code of Civil Procedure, the countersigned procedural act is jointly prepared by the lawyers of the parties to a dispute, whether or not it has led to the referral to a court, outside or within the framework of a participatory procedure.

These documents countersigned by the parties' lawyers may have as their object:

- listing the facts or exhibits that were not included in the agreement, on the existence, content, or interpretation of which the parties agree;

- determining the legal points on which they intend to limit the debate, insofar as they concern rights over which they have free disposal;

- agreement on the methods of disclosure of their pleadings;

-  recourse to an expert according to the terms of Articles 1547 to 1554 of the Code of Civil Procedure;

- appointing a judicial conciliator or a mediator responsible for assisting in the resolution of the dispute, to define the mission of the appointed person and, if applicable, the amount of their remuneration and the terms of payment;

- recording the hearings of the parties, heard successively in the presence of their counsel, including their presentation of the dispute, their claims, the questions from their lawyers as well as their answers and the observations they wish to present;

- recording the statements of any person who agrees to provide testimony on the facts they witnessed or personally observed, collected together by the lawyers, either spontaneously or upon their questioning ;

- recording the findings or opinions given by a specialist, assembled by the lawyers.

The document must contain: the surname, first name, date and place of birth, address, and occupation of its author, as well as, where applicable, their relationship by blood or marriage to the parties, their subordination to them, their collaboration with them, or their community of interests with them. In addition, the witness must precede his signature with a statement that the document “is drawn up for the purpose of being produced in court and that its author is aware that a false statement on his part exposes him to criminal penalties” (Code of Civil Procedure, Art. 202).

Procedural documents countersigned by parties' lawyers of parties

Article 1539-1 of the Code of Civil Procedure provides for several cases in which participatory proceedings may be terminated: the expiry of the participatory proceedings agreement; early termination of the agreement in writing by the parties assisted by their lawyers; the conclusion of an agreement that completely resolves the dispute or litigation, or the establishment of a formal record confirming the persistence of all or part of the dispute or litigation; failure by one of the parties to perform the agreement.

The agreement that resolves all or part of the dispute must be recorded in a private deed drawn up in accordance with the conditions set out in Article 1374 of the Civil Code.

End of procedure

The use of a participatory procedure by the parties to a dispute may sometimes prove unsuccessful, with the result that the dispute persists, either partially or entirely. In such cases, the parties have a gateway that allows them to refer the matter to the court for an expedited ruling on the dispute.

Where the rules of procedure applicable before the court seized for the purpose of ruling on all or part of the dispute on the basis of paragraph 2 or 3 of Article 2066 of the Civil Code provide for a prior attempt at conciliation or mediation, the parties are exempted from this and the case is directly brought to a hearing for judgment (Art. 1540 Code of Civil Procedure).

6. Alternative Dispute Resolution

43. Dispute persisting

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Les notions juridiques connexes

43. Dispute persisting

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Les notions juridiques connexes

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