Conflict is part of business. Ignored or, on the contrary, exacerbated, it is destructive of value. Addressed in a timely and proper manner, it can be a source of progress. In all cases, it must be managed, and lawyers are the best specialists in conflict management, being aware that litigation is only one way among others for resolving disputes.  

 

Trained in negotiation and mediation techniques, mediator and certified arbitrator, Olivier will advise you effectively. He will suggest the most appropriate approach for your situation after an analysis of the situation and the interests at stake.

 

It is also important that you be assisted from the drafting stage of your contracts to include clauses that will facilitate the resolution of disputes that may arise in the execution of these contracts.

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State litigation

 

Judicial litigation is often criticised for its complexity and slowness. However, it is sometimes unavoidable to resort to state courts to preserve or assert one's rights.

 

It is to be noted that Paris courts are rather efficient: provisional measures can be obtained in one week, and interim decisions within three months.

 

Olivier intervenes before the civil and commercial courts all over France.

 

 

Mediation

 

Mediation is a non-jurisdictional and confidential process of amicable resolution of disputes through the intervention of an independent and impartial third party.

 

This third party, called a mediator or conciliator, helps to reach a negotiated solution to the dispute. Deprived of any jurisdictional power, he cannot impose anything on them. His good knowledge of mediation techniques allows him to facilitate discussions between the parties and help them find their own solution to their dispute.

 

Mediation allows the parties to resume the dialogue and possibly to pursue a commercial relationship on a renewed basis.

 

75% of mediations result in an agreement.

 

Olivier intervenes as a mediator appointed by mediation centers or state courts. He also assists clients in the context of judicial or conventional mediation.

 

 

Arbitration

 

Arbitration is a jurisdictional and confidential process of dispute resolution by the intervention of one or more arbitrators, all independent and impartial.

 

The arbitration tribunal has the task of rendering a decision (called an arbitration award) most often as a last resort, which is binding on the parties and puts an end to the dispute.

 

Olivier CUPERLIER intervenes (as counsel or arbitrator as well in French or English) in arbitration proceedings taking place in France or abroad in matters of institutional (ICC, CMAP or CCJA) or ad hoc arbitration. He also appears before state courts in cases resulting from arbitral proceedings (constitution of the arbitral tribunal, challenge of the arbitrators) or the award itself (exequatur procedure, appeal on grounds of nullity).

 

 

Other ADR

 

Olivier Cuperlier will also be able to offer you other amicable dispute resolution methods such as independent legal assessment, amicable technical advice, decision on last offer etc. in accordance to the situation.