Amicable dispute resolution methods become the norm
Since its implementation on September 1, 2025, decree no. 2025-660 of July 18, 2025, marks a significant turning point in the management of civil and commercial disputes.
What changes: a stronger incentive to use amicable dispute resolution methods.
Decree No. 2025-660 of July 18, 2025, implements a recodification of amicable dispute resolution methods (ADR) and contractual instruction in the Code of Civil Procedure (CPC).
Under the guise of a recodification, this is actually a true paradigm shift in civil procedure. The decree establishes a new guiding principle of cooperation between the judge and the parties, aimed at enhancing the encouragement to resort to amicable dispute resolution methods.
It also establishes as a principle the conventional instruction of the dispute, with judicial instruction becoming subsidiary.
Consequences: anticipate the ADRs
In practice, the parties are strongly encouraged to:
- to take charge of preparing their dispute by implementing either a “simplified conventional instruction” or a collaborative procedure for the purpose of preparation. Cases handled conventionally will be given priority scheduling.
- resolve their dispute amicably. Any judge may, in the same order, instruct the parties to meet with a mediator or a conciliator and order a conciliation or mediation, subject to the parties’ consent. If a party does not comply with this injunction, the judge may impose a civil fine of up to 10,000 euros.
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This reform therefore emphasizes the importance of a contractual approach to dispute resolution, with the formalization of case management and amicable settlement of disputes.
To go further
• Decree No. 2025-660 of July 18, 2025, concerning the reform of conventional instruction and the recodification of amicable dispute resolution methods, see the decree
• Circular dated July 19, 2025, presenting the decree on the reform of conventional instruction and the recodification of amicable dispute resolution methods, see the circular
• Decree of July 18, 2025: an important step in the national amicable policy, Actu-Juridique.fr, July 2025, see the article