ALTERNATIVE DISPUTE RESOLUTION
COLLABORATIVE PROCESS
The collaborative process is an alternative method of dispute resolution that enables a dispute to be settled without damaging the existing relationship between the parties.
This applies to all disputes in which the parties have long-term shared interests. For example, a dispute arising from the performance of a contract governing the practice of a profession (fees, exclusivity, scope of specialism, non-competition, conditions of practice, etc.); a dispute between partners in a professional practice; a dispute with a service provider or an employee in connection with the performance of their employment contract…
With expertise in collaborative processes, the firm helps its clients identify a comprehensive solution to their dispute before it escalates into litigation. This tried-and-tested method enables sensible, lasting and mutually satisfactory agreements to be reached without the need for court intervention.
PARTICIPATORY PROCEDURE
Governed by provisions 2062 to 2067 of the French Civil Code and the provisions of Articles 1542 to 1555 of the French Code of Civil Procedure, participatory proceedings are a consensual process for reaching an agreement on the whole or part of a dispute that has already been brought before, or is to be brought before, the court.
A participatory procedure agreement is defined as an agreement whereby the parties to a dispute undertake to work together in good faith towards the amicable resolution of their dispute or the preparation of their case for trial. This agreement is entered into for a fixed term (French Civil Code, Article 2062).
MEDIATION
MUSSET AVOCATS can also arrange for an independent and impartial third party, trained in mediation, to assist its clients in reaching the best possible negotiated solution.
