The parties to a dispute may, on their own initiative and under the conditions set out in this Book, attempt to resolve it amicably with the assistance of a mediator, a court conciliator or, in the context of a participatory procedure, their lawyers.
The provisions of this book shall apply to disputes falling within the jurisdiction of the courts adjudicating in civil, commercial, social or rural matters, subject to the special rules for each matter and the provisions specific to each court. The provisions of this book apply to disputes arising in the courts of civil, commercial, social or rural matters, subject to the special rules applicable to each matter and the provisions…
The conventional mediation and conciliation governed by this Title shall be understood, pursuant to the articles 21 and 21-2 of the aforementioned Act of 8 February 1995, any structured process, by which two or more parties attempt to reach an agreement, outside of any legal proceedings with a view to the amicable resolution of their disputes, with the assistance of a third party chosen by them who carries out his…
Conventional mediation and conciliation are subject to the principle of confidentiality under the conditions and according to the procedures set out in article 21-3 of the aforementioned Act of 8 February 1995.
The mediator may be a natural or legal person. Where the mediator is a legal entity, it appoints, with the agreement of the parties, the natural person responsible for carrying out the mediation assignment.
The mediator and, where applicable, the person mentioned in the second paragraph of Article 1532, must satisfy the following conditions: 1° Not have been the subject of a conviction, incapacity or disqualification mentioned in bulletin no. 3 of the criminal record; 2° Possess, through the present or past exercise of an activity, the required qualification with regard to the nature of the dispute or justify, as the case may be,…
The application for homologation of the mediated agreement is submitted to the court by all the parties to the mediation or by one of them, with the express agreement of the others.
Where the agreement resulting from mediation has been made enforceable by a court or authority of another Member State of the European Union under the conditions provided for in Article 6 of Directive 2008/52/EC of 21 May 2008 of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, it shall be recognised and declared enforceable in France under the conditions provided for…
Any natural or legal person may refer a matter to the judicial conciliator instituted by the decree of 20 March 1978 relating to judicial conciliators, without any formality.
If necessary, the court conciliator invites the interested parties to appear before him.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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