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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