Summary

This presentation discusses various methods of conflict resolution, focusing on judicial tribunals in France and arbitration. It highlights the characteristics of these approaches, including the need for experts in complex cases and the confidential nature of arbitration.

Full Transcript

PART III : WHAT IS CONFLICT RESOLUTION? never stop daring. 2 WHAT IS CONFLICT RESOLUTION ? A conflict may be resolved : 1. Amicably, between the parties; 2. Amicably, with the help of a third party, a mediator or conciliator; (mediation...

PART III : WHAT IS CONFLICT RESOLUTION? never stop daring. 2 WHAT IS CONFLICT RESOLUTION ? A conflict may be resolved : 1. Amicably, between the parties; 2. Amicably, with the help of a third party, a mediator or conciliator; (mediation / conciliation) 3. Before a judge in a court of law (litigation) 4. Before an arbitrator in an arbitral tribunal (arbitration) WHAT IS CONFLICT RESOLUTION ? Conflict resolution through judicial tribunals in France WHAT IS CONFLICT RESOLUTION ? Conflict resolution through judicial tribunals in France WHAT IS CONFLICT RESOLUTION ? Conflict resolution through judicial tribunals in France Prior to 2019: Tribunal Judiciaire was split between Tribunal d’Instance and Tribunal de Grande Instance WHAT IS CONFLICT RESOLUTION ? Conflict resolution through judicial tribunals in France Prior to 2019: Tribunal Judiciaire was split between Tribunal d’Instance and Tribunal de Grande Instance WHAT IS CONFLICT RESOLUTION ? Conflict resolution through judicial tribunals in France WHAT IS CONFLICT RESOLUTION ? Note on distinction between Civil vs. Criminal law 9 WHAT IS CONFLICT RESOLUTION ? Conflict resolution through arbitral tribunals Characteristics of arbitration For significant, and often international, disputes where experts are needed Confidential, and sometimes very expensive procedure Arbitral sentence binding on the parties – no appeals

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