The obligation to seek an amicable resolution of the dispute

Decree no. 2015-282 of 11 March 2015 now requires claimants to take steps to resolve their disputes amicably before commencing litigation in civil matters, by means of a compulsory statement in the document initiating proceedings.

 

This reform is a further demonstration of the legislature’s desire to encourage alternative dispute resolution (ADR), in order to relieve the state courts.

 

But the truth is that the new provisions will hardly change previous practices, and probably won’t do much to relieve the pressure on the courts either.

 

On the other hand, they are a source of uncertainty and complications, which legal practitioners would gladly have avoided.

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