Alternative Dispute Resolution
Fabrice CassinArnaud Molinier PartnerParis
Arnaud MolinierXavier Clédat PartnerParis
Xavier ClédatLaurence Wynaendts CounselParisLaurence Wynaendts
Laurence WynaendtsGilles Gassenbach Of counselParis
Gilles GassenbachPascaline Déchelette-Tolot PartnerParis
Pascaline Déchelette-TolotAlexia Eskinazi PartnerParis
Private clientsReal estate
Real estateTechnologies, Media and Telecommunications
Technologies, Media and TelecommunicationsTrade and distribution
Trade and distribution
Alternative dispute resolution, a remedy to courts’ congestion
The social movements that arose during the second half of 2019, followed by the health crisis, have caused significant delays in the processing of cases by courts.
The courts have halted their activity due to lockdown. The delays accumulated for more than a year lead to fears of a considerable lengthening of the processing of cases and that rulings would be handed down several months after the expected date.
Faced with this situation, the parties are seeking an approach to organizing negotiations and ways of settling disputes between them quickly and/or without going to court. In addition to the participatory procedure, which is still little used, there are several alternative dispute resolution methods (ADR). Our teams have the skills to assist companies at all stages of these procedures.
Today, mediation is a path that is unquestionably in the spotlight, the process has been simplified, encouraged and is therefore increasingly used. Its success rate, in conventional mediation for example, is over 75%.
Mediation may be judicial, administrative, conventional, emergency or project mediation but is always driven in the same way. Indeed, it consists in leading the parties to find an often innovative or original solution to their disputes under the aegis of an independent third party: the mediator.
Faster, more flexible and confidential, it is suitable for most disputes. In case of failure, the matter can always be referred to a judge.
Our Litigation teams civil, judicial and administrative) have developed a wealth of expertise in the practice of mediation and is able to assist its clients until the complete resolution of their dispute.
Conciliation, whether extrajudicial or court-ordered, follows different rules from those of mediation. Indeed, it involves a conciliator whose mission, on a voluntary basis, is to seek and propose the amicable settlement of a dispute. It is different to the mediation procedure, in which the mediator does not dictate the solution.
This procedure allows our team to assist its clients to find quicker solutions.
To avoid court congestion, companies sometimes resort to arbitration. Our lawyers are also accustomed to the main arbitration rules, whether institutional or ad hoc, whatever the activity sector of our clients.
Our team, through our offices around the world, can assist you throughout these local or international arbitration proceedings.