Conventional proceedings

Decree No. 2025-660 of 18 July 2025 Reforming Conventional Proceedings and Recodifying Alternative Dispute Resolution Mechanisms

Decree No. 2025-660 of 18 July 2025 introduces a far-reaching reform of the civil mediation framework.

The judge may now propose or order mediation at any stage of the proceedings, with the aim of encouraging the amicable settlement of disputes.

The duration of mediation has been extended: initially set at five months, it may be prolonged by an additional three months in the most complex cases.

The reform also alters the confidentiality regime: certain documents exchanged during mediation may now be submitted to the court, thereby reducing the traditional level of protection attached to this process.

Finally, the text introduces a controversial innovation: failure to participate in court-ordered mediation, without legitimate reason, may result in a civil fine of up to €10,000.

This reform raises significant concerns. Presented as an instrument of “conventional justice,” it primarily seems to strengthen the judge’s role, who now has additional tools to guide—or even impose—certain solutions.

At the heart of the issue remains the structural congestion of the courts, to which such measures provide, at best, only a partial and unsatisfactory response.

For further information: the decree is available here.

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