An administration

Alternative dispute resolution (ADR) methods are processes that aim at resolving conflicts out of court. ADRs are expanding including to resolve disputes in which administrations are involved.

Whether you are a local authority (municipality, county council, regional council, etc.), a public institution or a hospital, you can use mediation and arbitration in many cases.

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Tailored-made solutions for administrative matters

Administrations and mediation

Governmental or semi-governmental entities regularly turn to the CMAP to resolve disputes with private entities.

Testimonial: “We concluded a PPP (Public / Private Partnership) to revamp a school located in our local community. The contractors’ work did not comply with what was expected. Defects caused the malfunction of the heating system. The situation escalated. As a result, the whole project was completely blocked: we stopped paying the contractor’s bills. As a consequence, the contractor stopped to work on site. Therefore, the school temperatures were below 10 ° C, and sometimes below 5 ° C in the hallways. The students’ parents threatened to demonstrate in front of the General Council. The elected representatives were powerless. Mediation enabled us to reopen dialogue in a few weeks. An emergency plan was developed with the contractor; As a result: the heating was working again after a few days. Thanks to mediation we can work together in mutual understanding for the 10 years remaining in the contract.

Administrations and arbitration

In principle, arbitration is prohibited in administrative matters. This prohibition is rooted in Article 2060 of the Civil Code. Administrative case law has extended it to all administrative disputes.

However, the number of exceptions to this principle is increasing.

Most are listed in Article L. 311-6 of the Administrative Justice Code. Section 128 of the Code of governmental agencies contracts also refers to this list.

Moreover, the June 17, 2004 ordinance and the July 28, 2008 Statute relating to partnering agreements allow the signatories of a partnering agreement to provide for arbitration to settle the conflicts.