The comparison conference may be better suited to couples who do not have a sufficient level of communication to participate in mediation. The settlement conference usually lasts from half a day to a full day and is chaired by a family court judge. To this end, these processes use various means of communication (active listening, reformulation) and reasonable negotiations, for which specialized lawyers are trained. You are co-founder of the University Diploma in Amicable Dispute Resolution at the University of Paris-Nanterre. Why is this an important commitment for you? Anne-Carine: Indeed, with Soraya Amrani-Mekki, professor of faculties, and Claude Duvernoy, former president of Hauts-de-Seine, and En amont, I drew a conclusion on consensual resolutions using a very large training center focused on communication and negotiation tools. The particularity of this diploma is to include all types of amicable settlement and to train professionals who can then use if necessary. If the couple reaches an agreement in principle, the mediator will also help them draft their settlement agreement. If the mediator ultimately determines that he or she cannot help the couple reach a mutually satisfactory settlement, the couple will be referred to their lawyers or asked to consider other ways to resolve their dispute. Let`s explore them and see what they are and when it would be a good option to settle your case amicably. Mediation may be appropriate for one case, while a settlement conference offered by the court may be appropriate for another case. This raises the question of the extent to which the wording of the clause cited above assists the parties in resolving their disputes. Indeed, a consensual process can mean any effort for a meaningful and healthy consultation process, regardless of the real usefulness of those efforts. According to Paul Kendall, „good healthy communication is impossible without openness, honesty and vulnerability.” But sometimes, it can be said, it is not healthy to be very open, because the vulnerabilities shared to support a possible agreement can be used against us if the attempt fails.
This support also includes out-of-court negotiations and activities leading to an out-of-court settlement. Another, more terrible failure is that the family accepted the „amicable solution” of their friends. Without the desire to seek a settlement of a dispute, it will be almost impossible to reach an amicable settlement. Another means of reaching agreement is through comparative conference services offered by the courts. According to investigators, this dispute did not result in an amicable farewell. We were friends in the company, and we let our friendly qualities overlap and spice up our hours of rest and madness. An out-of-court settlement is a process in which the parties to a dispute or lawsuit find ways to resolve their differences in a friendly, non-contentious manner. The only downside is that if you attend a settlement conference with your lawyer and no agreement can be reached, the time spent would result in costs for you. More efficient, faster and less costly than litigation and arbitration, and often value-added consensual resolution mechanisms are conducive to dispute resolution. Anne-Carine Ropars-Furet, partner at Winston & Strawn Paris, discusses the advantages of these mechanisms with Le Figaro Partners.
An amicable divorce agreement must necessarily contain certain conditions and form the basis of the agreement of the parties on several points called „ancillary measures” of a divorce. Ours was a consensual split born of practical necessity. She had probably made 139 of her father believe that it was a friendly conversation that had taken place behind closed doors. The increase in litigation compared to everyday life, such as neighborly relations, repayment of small debts, leases, multiple obligations, requires non-legal and quick solutions to reduce the backlog before the courts. It therefore appears necessary to use other solutions to avoid prosecution by favouring an amicable settlement of disputes in which the notary has his legal place. In general, settlement conferences are very successful in resolving family law disputes. „It was a very peaceful, friendly and beautiful divorce where my siblings and I had a great, fun and healthy childhood,” he says. A settlement conference can only be held if the couple agrees to participate voluntarily and agrees to make concessions in favor of settling their case. What are the benefits of amicable conflict resolution? Anne-Carine: They allow the opposing parties, who are best placed to know the best possible outcome for their company, 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. Consensus 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 an amicable solution to a conflict in order to restore the contractual relationship. Therefore, another question is whether, how and when the dispute resolution clause should be more prescriptive in order to create a stronger platform for resolution, avoid unnecessary future costs and at the same time ensure sufficient certainty for the parties that this platform does not harm them in any way. It is the main task of the notary to settle disputes. All their training, status and code of ethics focus on this objective, a reassuring legal practice. As a professional of amicable resolution, neutral, independent and impartial, traditional advisor to families, natural actor of the peaceful settlement of disputes, the daily activity of the notary includes families, real estate, property and professional activities. The notary fulfils his mandate with impartiality, competence and care and is bound by professional secrecy. Their contribution should enable dialogue to resume and contribute to the settlement of disputes. For this reason, they conduct both arbitration and mediation to resolve disputes in their traditional area of expertise. You say that even the worst out-of-court settlement is always better than a court decision because you were directly involved in the content of your settlement agreement.
In particular, arbitration, conciliation, mediation and settlement are alternative means of resolving disputes; However, they do not have the same scope. CONCILIATION is the agreement by which two persons who do not agree settle their dispute (either by a settlement or by a unilateral or reciprocal waiver of a claim), the settlement of the dispute is not the result of a legal decision (or that of an arbitrator), but of an agreement between the parties themselves. Arbitration can only be considered in non-contentious cases and in the absence of an agreement or an attempt to reach an agreement. Arbitration may take place either between the different parties or with the assistance of a third party. The Code of Civil Procedure stipulates that „it is for the judge to reconcile the parties” (art. 21). This is called legal arbitration. Decree No. 78-381 of 20 March 1978 appointing legal arbitrators. MEDIATION is another means of dispute resolution, which consists of proposing a solution to this party for the person chosen by the opponents (usually on the basis of their personal authority) without seeking to bring them closer together, as opposed to arbitration, but without having the power to apply it as a legal decision, as opposed to arbitration and the decision of a state court. .