What are the benefits of a consensual solution to conflicts? Anne-Carine: They allow the opposing parties best placed to know the best possible outcome for their business to work together to find a solution to their conflict. This can be done through mediation or with the help of lawyers who guide the parties through a collaborative process. The assigned judge will not act as a judge responsible for rendering a judgment against one of the parties, but rather as a mediator who tries to help the couple reach an agreement. The comparison conference may be more suitable for couples who do not have a sufficient level of communication to participate in mediation. The panel has 90 days to help the parties find an amicable solution to their dispute or propose an alternative solution. It must inform the parties of this solution in writing or in any other durable medium (for example. B by e-mail). If the body decides that the problem is particularly complicated, the 90-day period may be exceeded. In this case, it must inform the parties of the new schedule. What is the role of a lawyer in an amicable settlement? Anne-Carine: The role of the lawyer is essential. It aims to ensure that their client is fully aware of the needs and concerns of the opposing party, as this is the basis on which they can resume dialogue while helping them find the best outcome for their own benefit. Without the desire to strive to resolve a case, it will be almost impossible to reach an amicable settlement.
The Mediator will have a “facilitator role” and will lead the discussions and guide the couple on the right path to reaching an agreement. Another way to reach agreement is through conciliation conference services offered by the courts. If the Mediator ends up seeing that he or she cannot help the couple reach an agreement that is satisfactory to both parties, the couple is referred to their lawyers or asked to consider other ways to resolve their dispute. The only downside is that if you participate in a settlement conference with your lawyer and no deal can be reached, the time spent would lead to a cost. The conciliation conference usually lasts half a day to a full day and is chaired by a family court judge. This information must be provided in paper form or on any other durable medium (e.g. B by e-mail). This obligation applies to all traders, including those who are not required or who do not voluntarily use out-of-court dispute resolution bodies. This support also includes out-of-court negotiations and activities that result in an amicable settlement. Amicable solutions are also very attractive in terms of time and cost. What is the collaborative process? Anne-Carine: The collaborative process was invented by lawyers and comes from family law.
It allows the parties to find a solution to an amicable conflict in order to restore the contractual relationship. It would therefore be desirable to conclude an agreement that is generally fair to both parties and that respects the spirit of the law. The bodies empowered to request the amicable settlement of disputes between consumers and traders must be independent, efficient and competent. . . .