Résoudre un conflit sans procès

A dispute does not necessarily have to be settled in court. Negotiation, collaborative law, mediation, and conciliation: these alternative dispute resolution (ADR) methods allow you to build a solution rather than endure one, often faster and at a lower cost than litigation.

Why choose an amicable approach?

Maintain control over the solution

An amicable approach allows you, after guided negotiation, to make your own decisions. The outcome is tailored to your needs and therefore more satisfying than an imposed ruling.

Save time

Setting up an amicable process is quick: just a few weeks, compared to court proceedings that can drag on for years.

Reduce costs

Since the duration of the resolution is controlled, the cost is significantly lower than that of litigation. If you have legal protection insurance, the expenses will be covered up to the limit of your policy: remember to contact your insurer.

Preserve relationships

This is a major concern in family, commercial, and social conflicts: collaborating on a solution through structured dialogue helps maintain communication afterward.

Ensure confidentiality

No information is disclosed externally in an amicable negotiation, protecting both family and business interests.

Which method should you choose?

Your lawyer will help you select the most suitable method by analyzing your situation from all angles. They will guide you throughout the process, advising and working with you to develop a long-term viable solution.

Two main categories:

• If you want a solution coordinated by lawyers, consider negotiation or collaborative law.
• If you prefer an impartial third party to oversee the resolution while being supported by your lawyer, consider mediation or conciliation.

The four methods in detail

Informal negotiation

Informal negotiation does not require a specific framework, allowing for great flexibility in its implementation. Lawyers can assist you throughout the discussions and ensure they proceed smoothly.

It provides a space for dialogue to identify common ground and resolve your issues.

The outcome of the negotiation can be submitted to the court by the lawyers for formalization.

Collaborative law

If you want a confidential negotiation guided by lawyers specifically trained in communication and dispute resolution within a respectful and constructive environment, collaborative law is the right method for you.

In this structured process, your lawyer prepares each meeting with you and supports you in reaching a balanced and lasting agreement that preserves relationships you may wish to maintain.

The solution found is easily implemented and can then be formalized in court through your lawyers.

Mediation

For a negotiation overseen by a neutral, impartial, and independent professional, choose mediation. During confidential and structured meetings, the mediator fosters a climate of dialogue and understanding conducive to finding solutions.

At the end of the negotiations, the agreements reached can be ratified by the court if the mediator is accredited by the Federal Mediation Commission.

Conciliation

Resolving a dispute with a conciliator means opting for an independent third party who plays an active role: they allow you to express your views and then propose a solution through advice or recommendations.

This role can be fulfilled by a judge: for disputes within their jurisdiction, the most well-known is the justice of the peace. The primary venue for conciliation today is the amicable settlement chamber of each court. During a confidential hearing, the judge enables you to speak with the support of your lawyer, and from the discussion and reflection, negotiated solutions emerge, later formalized in a judgment.