Justice : Alternative Dispute Resolution 

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The platform Justicity platform opens the possibility to all to benefit from access to alternative dispute resolution methods in a simple, quick and economical way, mainly through mediation.

Thus a professional and accredited Mediator allows to solve all types of conflicts before going to court. The Mediation can be approved by the judge.

Mediation is an amicable method of dispute resolution (ADR) that can lead to (ADR) that can lead to a solution more quickly than going to court. solution more quickly than by going to court.

This solution is often more acceptable to the parties. Mediation is confidential.

There are other MARDs than Justicity would like you to discover in this article:

The transaction

The transaction: a contract by which the parties bring to a conclusion a dispute that has arisen, or prevent a dispute from arising (art. 2044 of the Civil Code).

The transaction takes place for put an end to an ongoing procedure but also avoids the consequences of a dispute potentially incipient litigation.

Thus the parties must be able to to assert a claim against the other partya claimthat allows to all to make concessions which will be formalized in a written and signed act in order to put an end to the dispute.

Lhe president of the TGI, at the request of the partieswill be able to homologate this agreement : this will give it enforceable force, it will therefore between the parties in the same way as a judgement, and will allow will allow to be the object of enforcement measuress.

The participatory procedure agreement (Requires the presence of a lawyer)

It is an agreement by which the parties to a dispute which has not yet given rise to a referral to a judge, undertake to work jointly and in good faith to resolve their dispute amicably (art. 2062 of the Civil Code). THE AGREEMENT implies for each of the parties the use of a lawyer.

The negotiation is done between the lawyers representing the parties, according to a predetermined schedule.

As long as the agreement is in effect, the referral to a judge is made impossible: it the only if one of the parties does not execute the terms of the the terms of the the agreement or if at the end of this one there remain disagreements.

L'agreement once found is formalized and drafted by the lawyers. It can be homologated by a Judge, at their request.e.

The collaborative procedure (The Ministry of Lawyer is also mandatory)

It rests also an agreement by which the parties undertake to implement jointly implement jointly to resolve their dispute amicably all their energy.

The collaborative procedure implies for each party the use of a lawyer.

What makes it different from the participatory procedure, is that this MARD is not regulated by law and thatIt exists only in the practice of lawyers.

Lhe initial agreement sets out a dispute resolution process which must be followed by the lawyers.

Its vocation and purpose are to avoid any recourse to a judge: In the case where a lawsuit has been filed it cannot be set up.

Lhe of this procedure requires lawyers to withdraw from the case when the dispute could not be resolved at the end of the the agreement agreement: they will not be able to therefore represent the parties at d' a legal action future.

Justice : arbitration

Entrusted to one or more arbitrators who form an arbitral tribunal, with the aim of deciding, for the parties, a dispute, a conflict or a difference. It is a form of private and paying justice, whose costs are not controlled in advance.

To access to arbitration the parties must have consented to it by the signature of anan arbitration clause before the dispute aroseor after the dispute has arisen. thisit by means of a compromise.

The Arbitration Clause or the compromise take imperatively the form of a writing designatesnt the arbitrator(s), setnt the subject matter of the arbitration and the rules of procedure that will be applied.

Arbitration clauses are only valid in the case of business between professionals.

The arbitrator shall rule, at the request of the parties either in either in law or as an amiable compositer : it will decide therefore the dispute in all fairness.

The award arbitration made shall be binding on the parties. It shall be enforceable force by seizure of the judge of a request for exequatur.

When it does so at theto the request it shall render a order of exequatur and thethe award will be executed as a judgment judgment.

There will be no appeal possible unless the contrary will be expressed by the lthe parties. The award may always be always be subject to an annulment appeal, as is the case as in case of lack of jurisdiction of the court or violation of rules of public policy.

Going further: 

100% online mediation solution: https://justicity.fr

Our online amicable debt collection services: https://legalcity.fr/recouvrement-de-creance/

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