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Gaëtan EscudeyLawyer & Mediator · Paris Bar

How it works

Lawyer, mediator, consultant

I am a lawyer at the Paris Bar and can appear before all French courts. I am also a qualified and accredited mediator, and can be appointed in that capacity to set up a mediation. I also work as a consultant and trainer: I assist fellow lawyers on international cases and work with companies and their HR teams.

Whether you need a lawyer, a mediator or a consultant, I explain how each role works, step by step.

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Gaëtan Escudey in my lawyer’s robe

01

As a lawyer

Gaëtan Escudey meeting a client at the office

As your lawyer, I advise you and defend your interests. Because you may never have instructed a lawyer before, I explain the process and keep you informed of the progress of your case.

Subject to the adjustments your situation requires, the main steps are:

  1. You contact me by email, by phone or through online booking
  2. You briefly explain your situation and the subject of the dispute, if you wish with the “Describe my situation” tool
  3. Consultation at the office or by videoconference, as you prefer
  4. The file is opened: engagement and fee agreement signed, fee retainer paid
  5. Request for further information and list of supporting documents
  6. Initial legal analysis of the documents provided
  7. Choice of strategy according to the possible options
  8. Contact with the other party and attempt at an amicable negotiation
  9. Drafting of the legal document (agreement) or court document (disagreement)
  10. You review the document and add your comments
  11. The document is sent to the other party, or to the court if there is no agreement
  12. Possible exchange of submissions between the parties
  13. Court hearing or signing appointment
  14. Follow-up of the agreement, or of the proceedings

Fees: see the firm’s fees.

My values: trust, rigor and availability

02

As a mediator

Gaëtan Escudey in a mediation session at the meeting table

As a mediator, I help you find an amicable solution to your dispute yourselves. Neutral and impartial, I do not take sides and encourages the return of non-violent communication. I help you develop options that meet shared or diverging interests, beyond your opposing positions.

Because I do not act as a lawyer when I am your mediator, I cannot give you legal advice. Your lawyers may accompany you during the mediation and attend the sessions.

Subject to the adjustments your situation requires, the main steps are:

  1. The person requesting the mediation contacts the mediator
  2. The mediator confirms that a mediation can be set up
  3. The mediator contacts the other party
  4. The other party agrees to enter mediation
  5. Both parties sign the agreement to mediate
  6. Individual interview with each party, by videoconference (30 to 45 min)
  7. Joint interview with each party’s lawyers, by videoconference, if any (30 to 45 min)
  8. First joint session, at the office (about 2 hours)
    • principles, process, framework and rules of mediation
    • agenda and issues in dispute
    • listening to each other’s perspectives
    • needs, values and objectives of each party
  9. Second joint session, at the office (about 2 hours)
    • creative presentation of possible options based on each party’s needs
    • objective assessment of each option
    • how the chosen options might be combined
  10. Third joint session, at the office (about 2 hours)
    • points of agreement and, if any, disagreement
    • how the agreement will be formalized and applied

03

As a consultant and neutral expert

Gaëtan Escudey seated at the office meeting table

Which court to bring the case before, which law will apply, which decision will be recognized: in an international case, the rules shape everything else. I bring this analysis to fellow lawyers, in France and abroad, and, at their joint request, to the parties themselves.

For fellow lawyers

You are handling a family case with a foreign element. Through a legal consultation, I advise you on jurisdiction, applicable law and the recognition of decisions, and I work with you on the international strategy. You remain your client’s lawyer: I do not deal with your client without you.

  • a written opinion on a specific question;
  • review of an agreement or instrument intended to take effect abroad;
  • ongoing support on the case, alongside the lawyer handling it.

Fees: a fixed fee set in writing after reviewing the question; time spent, under the fee agreement, for ongoing support.

Legal opinions for foreign lawyers

A foreign court must apply French law, or assess the effects in France of a decision, a marriage or a matrimonial property regime. At the foreign lawyer’s request, I prepare, in English or French, a legal opinion or an affidavit on French law for the court hearing the case.

  • French family law: divorce, parental authority, matrimonial property regimes, financial consequences of separation;
  • the European and international rules applied in France: the Brussels II ter Regulation, the Regulations on matrimonial property regimes and on maintenance, the Rome III Regulation, the Hague Conventions;
  • recognition and enforcement in France of a foreign decision or instrument.

The affidavit sets out the state of French law objectively, under my responsibility: it is not advocacy. I first check that there is no conflict of interest with the other party.

Fees: on written proposal, after reviewing the question.

Brochure for fellow lawyers: private international family law expertisePDF · 3 pages · 1.5 MB · also in FrenchDownload

Neutral opinion for the parties

When the disagreement is about the rules rather than the substance, the parties and their lawyers can jointly ask me for a neutral opinion. I review each side’s arguments, meet with the parties and their lawyers, then issue a written, reasoned opinion, in English or French, on the competent court, the applicable law or the effects abroad of a proposed agreement.

  • Jointly requested by both parties, each assisted by their own lawyer.
  • Non-binding: the opinion binds neither the parties nor any court; it serves as a basis for negotiation, for mediation, or for the choice-of-law and choice-of-court agreements the lawyers then draw up.
  • Neutral: I advise neither party separately, and I will not later act as lawyer for either of them in this dispute.
  • Where foreign law is involved: the part of the opinion on that law is confirmed by a lawyer qualified in the country concerned, on a quote accepted by the parties.

The process: a joint request setting out the facts, the countries involved and the questions; an agreement signed by the parties; a short brief from each, with supporting documents; a meeting with the parties and their lawyers, at my office or remotely; the written opinion, within the agreed time frame.

Fees: €2,000 excl. VAT (€2,400 incl. VAT), shared equally between the parties, set in writing before any commitment.

Good to know · What the parties do with it

Building on the opinion, the lawyers can conclude the agreements the law allows: a choice of the law applicable to divorce (Rome III Regulation, art. 5), of the law and court for the matrimonial property regime (Regulation (EU) 2016/1103, arts. 22 and 7), of the law applicable to maintenance (2007 Hague Protocol, art. 8).

Caution · What the opinion does not do

It does not bind the court, which alone decides on its jurisdiction. It does not replace the advice of each party’s own lawyer, who drafts the resulting documents.

Arbitration, as a complement. If the parties want the answer to be binding, a question of private international law that governs their property rights, such as the law applicable to their matrimonial property regime, can be decided by an arbitral award: I then act as sole arbitrator. For a property dispute, the arbitration is entrusted to a panel of three arbitrators: a notary, an arbitrator from the other country or an arbitration specialist, and myself. Divorce, parentage and parental authority cannot be arbitrated. A preliminary discussion determines whether arbitration is suitable.

  • Professional secrecy (secret professionnel)
  • Conflict-of-interest check before any engagement
  • Written agreement setting out the scope and the price
  • Professional liability insurance

For businesses and HR teams

The success of an international assignment depends largely on the family that moves with the employee. A move abroad can change the law governing the couple’s property, the court with jurisdiction in the event of a separation, each parent’s rights and the rules of succession. When these questions are not anticipated, they become difficulties for the employee, the family and the company.

I work as a consultant and trainer for companies, relocation firms and expatriate associations:

  • talks and workshops for employees and their partners, before a move or during a mobility campaign;
  • training for HR teams on the family risks of mobility, warning signs and prevention;
  • a one-year “Family Mobility” program, with an information booklet in your company’s colors;
  • at the request of the employee and their family, “Moving together”, a project mediation to prepare the move together, before any conflict arises.

These sessions are collective and general: they do not involve individual legal advice. An employee who wishes to receive personal advice may book a separate consultation, covered by professional secrecy. Where an employer funds a mediation, it is informed of the participation, never of the content of the discussions.

Sessions are held in French or English, on site or online, in your teams’ time zone.

Formats for businesses

Lawyer and mediator: distinct roles

As your lawyer, I defend your interests. As mediator, I am a neutral and impartial third party. I cannot perform both roles in the same case.

My approach

Negotiate, while remaining ready to litigate

Families expect solutions rather than decisions. I prepare every case with the rigor of a trial to pursue an agreement that can be recognized in each country concerned.

Analyse, then propose a strategy

I compare competent courts, applicable laws and where the agreement or decision must take effect, then propose a strategy suited to the time, cost and stakes.

Use proceedings to support negotiation

Proceedings can protect your position and support discussions. My aim is to assert your rights and reach an acceptable agreement, in your children’s interests.

Resolve and anticipate difficulties

I combine technical knowledge and attention to the people involved to help resolve blocked situations and anticipate difficulties.

Contact

Book an appointment or call me

Let’s talk, in French or in English.

Office
114 rue La Boétie, 75008 Paris
Metro
9 Saint-Philippe-du-Roule · 19 Franklin D. Roosevelt

Consultation at the office or by videoconference. Consultations from €150 excl. VAT (€180 incl. VAT).

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The office meeting room, rue La Boétie
The meeting room, 114 rue La Boétie

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