Alternative modes of dispute resolution
The intimacy of Family law and succession is particularly conducive to the search for a dispute resolution as discreet and amicable as possible, which departs from the traditional court process that can be expensive, extremely long, and cause significant damage in a family, especially for children.
In Family and Inheritance law, the flexibility of ADRs (Alternative Dispute Resolution) makes them an extremely effective tool for hearing and fully respecting the will of each party, while simultaneously ensuring serene, discreet and legally secure negotiation. They can, depending on the case, accompany the judicial process or replace it.
We will provide you with quality support in order to choose the most appropriate mode of resolution for your situation among the different types of ADRs practiced in this area, and reach a lasting solution :
- Mediation consists in a third party, called a mediator, trying to establish a dialogue between the parties, in order to help them build a solution themselves.
- The participatory procedure is to provide under the terms of a participatory procedure agreement that the parties to a dispute undertake to work jointly and in good faith to resolve their dispute amicably or to bring their dispute to trial. This agreement is concluded for a fixed term.
- The collaborative process consists in providing, under the terms of an agreement, signed by the parties and their respective lawyers who must be trained in collaborative law, their will, as well as their commitment to negotiate transparently and in good faith, before any judicial referral. This alternative dispute resolution method allows negotiations of enhanced confidentiality to be covered.
Arbitration is also possible for disputes of a patrimonial nature, and disputes for which the parties have free disposal of their rights, with the exception of matters concerning public order. We can assist you in the context of this procedure, the use of which is still in its infancy in France, but which is destined to develop.