Amicable settlement hearing and trial split

Since November 1, 2023, two new mechanisms have allowed you to seek an agreement while remaining within the judicial framework: the amicable settlement hearing (audience de règlement amiable, ARA) and the trial split (césure).

The amicable settlement hearing (ARA)

The ARA is a conciliation session supervised by a specially appointed judge, who is not the one who will decide the case in the event of disagreement, to enable you to reach an agreement at the end of this special hearing, where the lawyers do not plead.

1. You can request the ARA, or it may be proposed by the judge hearing the case, with your agreement. It has the effect of interrupting the proceedings without removing the case from the initial judge.
2. The hearing takes place behind closed doors (in chambers), without a court clerk, in a strictly confidential setting. You attend in person, accompanied by your lawyer.
3. The conciliating judge (not the judge before whom you brought your case) may use any conciliation or mediation technique, assess needs, facilitate the exchange of information, remind the parties of the applicable rules of law, and even visit the site of the dispute if necessary.
4. If an agreement is reached (even a partial one), it can be recorded in an official record that is enforceable (procès-verbal ayant force exécutoire).

There are many advantages to this amicable settlement hearing

• Time dedicated to dialogue, without the tension of litigation;
• Neutrality of the judge, ensuring the balance of the process;
• Confidentiality of exchanges, unless otherwise agreed;
• Possibility of an enforceable agreement, quick and secure;
• Procedural flexibility, without excessive formalism.

The trial split

The trial split is a procedural mechanism that allows the judge to quickly decide certain questions of principle, while leaving the rest of the dispute to be resolved amicably (mediation, conciliation or participatory procedure).

It requires an express agreement, formalized in a document countersigned by the lawyers and presented to the pre-trial judge (juge de la mise en état).

The judge then rules on the essential legal points (e.g., the law applicable to the matrimonial property regime, the principle of entitlement to a compensatory allowance [prestation compensatoire], etc.) and invites you to reach an agreement on how they are to be applied (e.g., the exact amount, the payment schedule, etc.).

A partial closure order is issued and a partial judgment is handed down, which may be appealed immediately. The proceedings continue for the remainder of the dispute, if necessary.

Advantages

• Significant time savings: a judgment on the key points allows the case to move forward;
• Legal clarity: you know precisely on what basis to continue the discussion;
• Openness to amicable settlement: the judge’s intervention does not prevent further negotiation;
• Procedural flexibility: it allows partial litigation to be combined with an amicable agreement.

I support you in implementing these tools by analyzing your situation, building the most appropriate procedural strategy and defending your interests at every stage.

This general information does not replace a consultation: each situation requires individual assessment.