INTERNATIONAL DISPUTE RESOLUTION

Mediation

Our lawyers have in-depth knowledge of alternative dispute resolution (ADR) and have successfully conducted numerous mediation and conciliation proceedings. Lazareff Le Bars is active in both institutional and ad hoc mediation and conciliation proceedings, as well as in alternative dispute resolution methods (dispute board, expert opinions, etc.).

Our lawyers draw on their in-depth experience in order to allow each client to settle their dispute amicably and encourage parties, when appropriate, to maintain their business relationships through:

 

  • Negotiating and establishing transactional arrangements
  • Renegotiating contracts
  • Establishing covenants or new agreements
  • Corporate restructuring
  • Any other appropriate solution

 

Over the course of several years, the team has also developed a leading practice in the area of international mediation, and confidential and diplomatic negotiations involving governments and state entities. Most recently, the firm had the opportunity to put in place rare ad hoc mediation proceedings in which the state governments involved played the role of the mediator or the facilitator of private international disputes allowing collective and public interests to come into play.

Focus: the 11 march 2015 decree

The ADR landscape has been challenged with the adoption by the French government of the 11 March 2015 decree (effective as of 1 April 2015) requiring parties to seek an amicable solution before taking measures to sue another party (article 56 CPC).

Besides the legal nature of this procedural innovation (which questions the condition of admissibility), the reform will undoubtedly cause companies to organize the initial management of disputes internally since an attempt to find an amicable solution for each potential conflict will now be required.
Beyond the legal obligations and questions this raises, the new decree imposes a behavioral change within company legal departments, regardless of who they are, to ensure that disputes brought before a judge will not, in substance, be rejected.

Case studies

International protection of a mining exploration and development license

Mali Canada Australian Africa