In addition to traditional solutions of mediation and arbitration, a range of amicable procedures exist to effectively resolve disputes.
Indeed, disputes sometimes arise, first and foremost, from a strictly technical or legal disagreement. . In view of this fact, the CMAP has created two amicable expertise regulations: the amicable technical assessment and the independent legal assessment.
Independent technical assessment and independent legal assessment are amicable, cooperative and non-binding procedures. They aim at helping companies at least define a common ground for negotiation when a strong difference of opinion or understanding of a technical or legal point prevents the relationship from moving forward.
It is a quick and confidential way of obtaining a report from a neutral, independent and impartial third party outside of any legal proceedings, allowing ongoing contractual relations or negotiations to continue.
Independent technical assessment is a procedure that enables the parties to jointly request, from an independent expert, a confidential assessment on a technical (defect, working conditions of a machine, product conformity, etc.) or financial (determining a price or value) matter.
The expert’s opinion is written and is confidential.
This process can be launched at any time, during the performance of a contract or as part of mediation or arbitration. It is used to settle technical or financial issues and facilitates the resumption of negotiations.
“Independent technical assessment is a procedure that enables the parties to jointly request, from an independent expert, a confidential assessment on a technical matter.”
A conflict arose between two partners which prevented any decisions to be taken. The company’s survival was at stake. A mediation was initiated to enable the partners to find a solution without jeopardizing the company. The discussions led the parties to an agreement, the purpose of which was the separation of the partners, resulting in the redemption of the shares of one by the other.
This raised the question of the value of the shares. An expert was therefore appointed as part of the independent technical assessment process in order to define the company’s. The assessment was delivered a few weeks later. It helped the mediation discussions and enabled the parties to put an end to their conflict. The interests of each partner were preserved.
An independent technical assessment is jointly or unilaterally implemented by the party(ies). In the latter case, the CMAP contacts the other party to obtain its agreement.
The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request.
The independent legal expert’s mission is to help the parties assess how a court would likely settle a dispute, to interpret a contractual term or clause and its possible redrafting. He/she can also assess the damage suffered.
The independent expert cannot settle the dispute. He/she can only highlight the strengths and weaknesses of the parties’ respective positions and tell them, in accordance with the legislation in force and the existing case law, what decision a court might take if the case was brought before a court.
However, it is not a matter of hiding traditional legal counselling behind these innovative terms, but of rethinking its essence by making it a collaborative and, in so doing, more constructive approach. It is about allowing the parties to assess the value of their positions well before a dispute arises. Unlike a traditional consultation, it provides an objective assessment by a legal professional who has heard and discussed with the parties.
“The independent expert cannot settle the dispute. He/she can only highlight the strengths and weaknesses of the parties’ respective positions.”
A conflict arose between a company and its subcontractor. The parties disagreed on the quality standards of a product. The subcontractor had delivered a product of a certain quality, at a contracted price. The project owner contested this delivery, considering that the product should have met much higher quality standards. The contractor considered that such standards would have involved a substantial price increase.
The parties, whose common interest is the end-customer’s satisfaction, agreed to use an independent legal assessment in order to determine the applicable quality standards and the additional amount to pay if needed.
Based upon the opinion given by the legal expert, the parties managed to reach an agreement which ended their dispute. They were able to continue to work together on similar projects.
The independent legal assessment is jointly or unilaterally implemented by the party(ies). In the latter case, the CMAP contacts the other party to obtain its agreement.
To file your request, please send a letter to the CMAP (39 avenue Franklin D. Roosevelt, 75008 Paris) with the following information:
The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request
Three other contractual procedures have been created to complete the range of solutions that we offer to companies: the Simultaneous Med-Arb procedure, which mixes mediation and arbitration procedures so as to waste no time, the Emergency Decision, a type of contractual summary proceedings, and the Final Offer Decision (LOU), an original decision-making mechanism, which can be particularly useful at the end of a blocked mediation. More information on these innovative procedures..