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The obligation of attepting to find aicable dispute resolution before taking legal action : a cumbersome paper tiger


Published on the 20th December 2015
DECREE N° 2015-282 NOW IMPOSES STEPS TO BE TAKEN BY THE APPLICANT FOR AMICABLE DISPUTE RESOLUTION BEFORE TAKING ANY LEGAL ACTION IN CIVIL MATTERS. COMPULSORY INDICATIONS MUST NOW APPERA IN THE DOCUMENT INSTITUTING PROCEEDINGS. THIS REFORM SHOWS ONCE AGAIN THE LEGISLATOR’S WILL TO ENCOURAGE ALTERNATIVE MODES OF DISPUTE RESOLUTION IN ORDER TO RELIEVE STATE COURTS. HOWEVER THE NEW LEGISLATION WILL NOT CHANGE OLD HABITS, NOR WILL IT CONTRIBUTE SIGNIFICANTLY TO UNCLOG THE COURTS. ON THE OTHER HAND THESE DISPOSALS PRODUCE UNCERTAINTY AND COMPLICATIONS WHICH LEGAL PRACTITIONERS WOULD HAVE PREFERED TO AVOID.

DECREE N° 2015-282 OF 11th MARCH 2015


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