The hoped-for rise of amicable and alternative dispute resolution methods in France
The protracted length of proceedings before traditional courts, heavily impacted by a chronic shortage of resources and judges allocated by the State, the rapid expansion of digital tools and the digitalization of exchanges, and the impact of the health crisis with its restrictions on movement, have all combined to encourage a growing number of French businesses to turn to arbitration, mediation, or conciliation.
Parties may resort to what are now commonly referred to as amicable dispute resolution methods (modes amiables de résolution des différends or MARD in French), either prior to the initiation of court proceedings or at any time thereafter.