4

Conflict Resolution

• Conflict can be resolved amicably between the parties
• Conflict can be resolved amicably with a mediator or conciliator (mediation/conciliation)
• Conflict can be resolved before a judge in a court of law (litigation)
• Conflict can be resolved before an arbitrator in an arbitral tribunal (arbitration)

Conflict Resolution Through Judicial Tribunals in France

• Principles derived from French law include:
  • Right to due process (contradictoire)
  • Right to oral hearing
  • Right to a free trial
• The judge hears arguments from both parties
• Hearings take place orally
• Magistrates/judges and prosecutors are paid by the state
• Lawyers and court personnel must be paid (possibility of a public defender)
  • Exceptions: written pleadings before certain tribunals

Conflict Resolution Through Judicial Tribunals in France (European Law)

• Principles derived from European law (article 6.1 CEDH - international treaty) include:
  • Right to equitable trial (loyal trial, following procedural and substantive rules)
  • Right to public trial
  • Right to a trial within a reasonable time (Or else the judge can face charges of denying justice)
• Anyone can have access to the courthouse
• Exception: certain trials heard in closed sessions
• Procedures are often lengthy

Conflict Resolution Through Judicial Tribunals in France (Prior to 2019)

• Before 2019, the Tribunal Judiciaire was divided into Tribunal d'Instance and Tribunal de Grande Instance
• The Administrative order involves first, second, and highest jurisdictions
• The top administrative court is the Conseil d'Etat
• The top civil court is the Cour de Cassation
• The system includes appellate and specialized courts (civil, commercial, labor, criminal)
• Conflicts often regarding public law involve the government; private law involves private citizens
• Criminal charges are brought by the public prosecutor's office (Ministère public)

Distinction Between Civil and Criminal Jurisdictions

• Civil cases focus on damages for victims
• Referral to civil court or monetary sanctions
• Criminal cases involve criminal sanctions
• Opening cases with a complaint and/or request for criminal sanctions may involve a public prosecutor
• A simple complaint, too, is possible

Civil vs. Criminal Law

• Civil law involves conflicts between members of a community that often results in compensation
  • Examples include negligence, slander, and breach of contract
  • Initiated by a private entity
• Criminal law involves punishment for criminal offenders
  • Examples include robbery, assault, and murder
  • Initiated by the state or federal government
  • May involve imprisonment or fines

Conflict Resolution Through Arbitral Tribunals

• Arbitration is used for significant and often international disputes needing expert input
• Arbitration is confidential and can be very expensive
• Arbitral sentences are binding on the parties; no appeals are possible

Explore the various methods of conflict resolution, including mediation, litigation, and arbitration in the context of French law. This quiz delves into the principles of due process, oral hearings, and rights under European law that govern judicial proceedings in France.