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April 25-26, 2005. WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION. PRESENTATION OF:. Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department BRUNSWICK LAW FIRM. FRENCH LAW ON { CONCILIATION

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April 25 26 2005
April 25-26, 2005

WIPO

CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION

PRESENTATION OF:

Nicole RIEUNIER-BURLE, Avocat à la Cour

Head of the Life Science Department

BRUNSWICK LAW FIRM


April 25 26 2005

FRENCH LAW ON { CONCILIATION

{ MEDIATION

CONCILIATION ART. 127 Nouveau Code de Procédure Civile

- The parties to a litigation may settle by themselves or following the Judge’s initiative

- a claim liquidated

- certain or unliquidated: in dispute

- The settlement is recorded in minutes signed by the judge and the parties

- Excerpts of such minutes may be enforced as writ of execution

MEDIATION ART. 131-1 et seq. NCPC

The judge may nominate a natural or artificial third person represented by a natural person

with the parties’ consent

To hear the parties

To compare their positions

with a view to finding a settlement

• On all or part of the dispute

- During 3 months, renewable once

- The judge delivers terms of reference

- The « mediateur » has no investigation powers, but may hear third parties,

upon acceptance of the litigating parties

• The outcome

- Settlement recorded by the judge

- Continuation of the dispute


Experience needs in view of dispute resolution i e before going to court or to arbitration
EXPERIENCE / NEEDS IN VIEW OF DISPUTE RESOLUTION I.E. BEFORE GOING TO COURT OR TO ARBITRATION

  • NEEDS: WORK AND TIME

  • INSTITUTION MANAGEMENT MUST

  • FREEZE ANY INITIATIVE AS SOON AS THE DISPUTE IS THREATENED OR DECLARED

  • COLLECT AND ASSESS ALL INFORMATION AVAILABLE

  • HAVE AN ANALYSIS MADE BY IN-HOUSE LAWYERS AND COUNSELS

  • DERIVE A STRATEGY WITH LAWYERS

    STRATEGY INCLUDES

  • A TENTATIVE SETTLEMENT DISCUSSION LIMITED IN TIME

  • USE OF ALL THE STRENGTHS: LEGAL, POLITICAL AND MEDIA

    EXPERIENCE: WORK, NO TIME

  • LAWYERS INVOLVED TOO LATE

  • EMOTION TAKES THE LEAD AND JEOPARDIZES AMICABLE SOLUTIONS

  • CONCILIATION / MEDIATION DIFFICULT TO IMPLEMENT