Extract
[...] A document countersigned by the lawyers together, the parties agree to submit to the judge a request for a break by a lawyer's countersignature. The request will be transmitted, there may be provisional execution. The investigation will continue, but the parties, aware of the decision rendered, may resort to conciliation and hope to find common ground. The ARA is in itself a MARD, whereas the break is not a MARD in itself, but may encourage the parties to resort to a MARD such as conciliation. [...]
[...] Council of Prud'hommes: art L1411-11, mandatory attempt (OP character) Leads to a report either of non-conciliation or conciliation indicating the content of the agreement + extracts from the report can be executed as mandatory. Susceptible to appeal. NB: Conciliation in matters of divorce and separation of bodies abolished on January 2021 C. The incentive device introduced by the D July 2023 There are two devices that are: - The amicable settlement hearing: TJ, 1he November 2023 / TCom, 1he September 2024, it is a written procedure and not oral, some referrals before the President of the court and referrals before the judge of contentious protection can be oral. Extended to the commercial court. [...]
[...] It has no jurisdictional character, but rather an administrative one. In case of non-execution, we can immediately initiate an execution. II- The judge's specific conciliation procedures Judicial Tribunal: oral and written procedure Oral procedure: textual provisions foreseeing two types: A. The referral of the TJ in view of a prior attempt at conciliation Limited to oral procedures: situations in which representation by lawyer is not mandatory: - Regardless of the amount of the matters of the competence of the JCP - In last resort of professional elections - Requests for competence of the chambers of proximity - State, departments, regions, municipalities, and public establishments - Collective Procedures - Salary Input - Requests exceeding 10,000 euros and indeterminate requests originating from the execution of a 10,000 euro obligation. [...]
[...] The parties must appear in person but may be assisted by a lawyer. From the point of view of confidentiality, unless otherwise agreed by the parties, everything that is done, said or written is confidential except in two exceptions: - Compelling reasons of public order (on the grounds of child protection (physical integrity or other)) - When the need to reveal the agreement is necessary for its application At the end of the ARA, the judge may note the agreement. [...]
[...] During lgt, there is a fundamental text to know, Article 21 of the CPC: 'he enters into the mission of the judge to reconcile the parties'. - Special Provisions Before the Before the law of 8 February 1995, there have been mediations, including with the judge of the referees during social conflicts ; this text entrusts the judge with an institutional mission. The delegation was set up in 1995. + special provisions which take up the judge's conciliation mission (labour code: judge rapporteur, the judicial court, the judge of the mise en état, the judge charged to instruct the case). Art 21. B. [...]
