LEGAL EXPERTS

Group 49

Other Alternative Dispute Resolution Methods

Simultaneous Med-Arbs

“With this procedure, no time is wasted, and any delaying tactics are ineffective.”

Definition

The CMAP has created a simultaneous Med-Arb process, combining both the flexibility of mediation and the decision-making nature of arbitration, within an agreed timeframe and for a cost established in advance.

Indeed, the originality of this procedure lies in the simultaneous implementation of the two procedures which, however, take place independently of each other.

The dispute is thus entrusted to a mediator and one or three arbitrators who are prohibited from communicating with each other about the case.

The arbitrator issues a decision only 8 days after the expiry of the time limit set by the parties for the mediation and only if no agreement is reached at the end of the mediation phase.

Thus, companies are assured of a solution within the time they have set. It will be either an amicable solution, thanks to mediation, or a solution imposed by the arbitration decision.

With this procedure, no time is wasted, and any delaying tactics are ineffective.

The simultaneous med-arb procedure thus makes it possible to control the delays by guaranteeing that a solution is obtained in fine, whether it is amicable or binding.

To file your request with the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris):

  • – either by a joint request from the parties which includes the following information
    • Personal information or corporate name and address of each of the parties and, if applicable, the name and address of their counsel;
    • A copy of the relevant agreements binding the parties;
    • The origin and nature of the dispute;
    • The claims of the parties and their basis;
    • The number of arbitrators they have agreed upon or their request for a decision of the CMAP in this respect;
    • The indication of the arbitrator or arbitrators that the parties propose to appoint or their request for appointment by the CMAP;
    • The indication of the mediator that the parties propose to appoint or their request for appointment by the CMAP.
  • – or by a unilateral request for simultaneous med-arb, together with the first four elements mentioned above and an indication of the number of arbitrators desired. In this case, the CMAP will contact the other party in order to obtain its agreement.

The request shall be registered only if it is accompanied by the payment of the file opening fees as established according to the fee schedule in force on the date of its receipt at the Centre.

For more information...

For more information regarding this procedure, please consult the Med-Arb Rules, the schedules or contact us.

Adjudication

“An adjudication offers the possibility to obtain a binding decision within a maximum of 28 days.”

Definition

The execution of a project over a relatively long period of time almost inevitably leads to differences between contractors as to the assessment of their respective obligations. These conflicts can jeopardize the completion of the project.

An adjudication can avoid these extreme situations. It offers the possibility to obtain a binding decision within a maximum of 28 days after the appointment of the third-party decision-maker.

The parties undertake to comply with the decision of the third-party decision-maker voluntarily and without delay, without however depriving themselves of the right to challenge it at the end of the performance of the contract (by a judicial or arbitral body).

Testimony

A company manager told the CMAP:

“despite this conflict, we are forced to continue working together. We will therefore immediately execute the decision of the third party and the work stoppage will thus be avoided, which is essential for us. If necessary, we will settle matters at the end of the contract”.

To refer your case to the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris) with the following information:

  • Personal information or corporate name and address of each of the parties and, if applicable, the name and address of their counsel;
  • The subject matter of the dispute as well as a precise statement of the issue to be resolved

The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request.

For more information...

For more information on this procedure, please see the Med-Arb Rules and Regulations, or contact us.

Final offer arbitration

“This procedure naturally drives the parties to be reasonable.”

Definition

Based on the model of a practice developed in the United States in the world of sports, particularly for the establishment of the salaries of baseball players, known as « Baseball Arbitration » ou « Final Offer Arbitration », the CMAP proposes a procedure which presents the originality of leaving only one possibility to the third party-decider on the last offer: that of choosing, at the end of an adversarial exchange, one or the other of the last proposals formulated by the parties, which requires that the parties be reasonable.

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Testimony

Two companies are in dispute over the defect of a product. Two companies are in dispute over the defect of a product. Both parties agree that the products delivered are defective but disagree on the assessment of the damage. . They resort to a final offer arbitration to determine the amount of compensation.

At the end of the final offer arbitration, the third-party decision-maker told us: ” In the end, the proposals made by each of the parties were quite similar. This was probably due to the fact that each party had reworked its offer to make sensible and acceptable proposals, thus trying to avoid the third party choosing the other party’s proposal. I am always amazed at how this process naturally leads the parties to be reasonable. »

To refer your case to the Centre, send a letter to the CMAP (39 avenue FD Roosevelt, 75008 Paris) with the following information:

  • Personal information or corporate name and address of each of the parties and, if applicable, the name and address of their counsel;
  • The subject matter of the dispute as well as a precise statement of the issue to be resolved

The request is registered once the filing fees are paid. Prices are set in the fee schedule valid at the time of your request.

For more information...

For more information regarding this procedure, please consult the Adjudication Rules and schedule or contact us.