The participatory procedure is an amicable method of dispute resolution provided for in Article 2062 of the Civil Code. It allows you, with the mandatory assistance of your lawyer, to attempt a negotiated resolution of your dispute before referring it to a 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 between you and your lawyers. This agreement sets out the duration of the process, the subject of the dispute, and the terms and conditions for the exchange of 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 role if necessary.
In this process, your respective lawyers act as facilitators and legal guarantors: they must cooperate in a non-confrontational manner, in the interests 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 a judge. Throughout the process, you cannot refer the matter to a judge while the agreement is in progress (except in cases of emergency or non-performance).
What if you reach an agreement?
1- Full agreement: it can be recorded in a lawyer’s deed and approved by the judge.
2- Partial agreement: only the remaining dispute will be submitted to the judge.
3- No agreement: you can then file a lawsuit within three months, attaching the agreement to get 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 by simple approval, or in the event of a partial agreement or disagreement, you will ultimately benefit from a faster decision by the judge.
Gaëtan ESCUDEY, trained in participatory procedure, will assist you in reaching an amicable, secure, and effective resolution of your dispute by overseeing your negotiations.