This document outlines various dispute resolution mechanisms, including participatory procedure, arbitration, transaction, conciliation, and judicial procedure, highlighting their principles, advantages, and duration.
Extract
[...] - Mediation Principle : In a similar manner to the framework applicable to conciliation, mediation can be implemented in the context of a judicial proceeding or in a conventional manner10. Capacity of the third party : The mediator's intervention is more passive than that of the conciliator11. The mediator will indeed aim, without proposing, unlike the conciliator, an agreement to the parties, to recreate a dialogue between the latter in order to allow an amicable resolution of the dispute. Duration : judicial mediation is initiated for a duration not exceeding three months, renewable once at the mediator's request12. No specific deadline is provided for conventional mediation. [...]
[...] Cost : The intervention of a mediator is costly. The parties determine between themselves the distribution of these costs. In the absence of an agreement, these are distributed equally, unless otherwise decided by the judge seized, if applicable. Dénouement : The agreements regularized within the framework of a mediation may be subject to homologation by the competent Jurisdiction. By doing so, the agreement will be endowed with the formula of executory [...]
[...] Please accept, dear Sir, my most distinguished regards. [...]
[...] In any case, the parties remain free to prefer a judicial resolution of their dispute. Capacity of the intervening third party : The conciliator holds a genuine power of investigation, notably recalled in Article 129-4 of the Civil Procedure Code. The latter aims to hear the parties in their arguments and claims, in order to propose a satisfactory agreement. Duration : judicial conciliation is initiated for a duration not exceeding three months, renewable once at the request of the conciliator7. No specific deadline is provided for a conventional conciliation. [...]
[...] - The mechanisms mentioned above would also allow for the necessary confidentiality of exchanges and debates. These different procedures would allow you not to submit to the publicity of debates and judgments applicable to usual judicial procedures. - These different mechanisms would also allow you to preserve your relationships with the SARL company. in the context of potential future commercial exchanges involving the latter. A judicial outcome would probably not allow for such a result. - The success rate observed under these different amicable procedures is perfectly satisfactory. [...]
