What is a participatory procedure?

The participatory procedure (procédure participative) is an amicable method of dispute resolution provided for in Article 2062 of the French Civil Code. It allows you, with the mandatory assistance of your lawyer, to attempt a negotiated resolution of your dispute before any referral to the judge, within a contractual, secure and legally regulated framework.

A written and voluntary agreement

The participatory procedure begins with the signing of a formal written agreement, concluded between you and the other party, each assisted by their own lawyer. This agreement sets out the duration of the process, the subject of the dispute and the terms for exchanging information (e.g., the communication of documents or the appointment of an expert to provide technical input to the discussions).

A structured and adaptable process

You can initiate a participatory procedure at any time, whether the dispute is already underway or still at the stage of a simple disagreement. With your lawyer, you will:

1. identify points of agreement and disagreement;
2. define the issues at stake in the dispute;
3. organize the exchange of relevant documents within agreed timeframes;
4. discuss the need to call in a technical expert (architect, doctor, accountant, etc.) and define their assignment if necessary.

In this process, your respective lawyers act as facilitators and legal guarantors: they must cooperate in a non-confrontational manner, in the interest of reaching an amicable solution.

A negotiation schedule is established, and exchanges are strictly confidential, unless otherwise agreed by the parties.

What are the legal effects of the agreement?

Exemption from a prior amicable attempt. If you are in a participatory procedure, you are exempt from any mandatory prior conciliation or mediation.

Inadmissibility of referral to the judge. Throughout the process, you cannot bring the matter before the judge while the agreement is in force (except in cases of urgency or non-performance).

What if you reach an agreement?

1. Full agreement: it can be recorded in a lawyer’s deed (acte d’avocat) and approved by the judge (homologation).
2. Partial agreement: only the remaining dispute will be submitted to the judge.
3. No agreement: you can then bring proceedings within three months, attaching the agreement, to benefit from an earlier hearing date.

What are the advantages of a participatory procedure?

This method of resolution allows you to remain in control of the process, save time, and promote calm and confidential dialogue between the parties.

Finally, your agreement can become enforceable through simple court approval, or, in the event of a partial agreement or disagreement, you ultimately benefit from a faster decision by the judge.

Maître Gaëtan Escudey, trained in the participatory procedure, supports you in reaching an amicable, secure and effective resolution of your dispute by overseeing your negotiations.

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