April 25-26, 2005

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April 25-26, 2005
WIPO CONFERENCE ON DISPUTE RESOLUTION IN
INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION
PRESENTATION OF
Nicole RIEUNIER-BURLE, Avocat à la Cour Head of
the Life Science Department BRUNSWICK LAW FIRM
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• FRENCH LAW ON CONCILIATION
• MEDIATION
• CONCILIATION ART. 127 Nouveau Code de Procédure
  Civile
• - The parties to a litigation
  may settle by themselves or following the Judges
  initiative
• - a claim liquidated
• - certain or
  unliquidated in dispute
• - The settlement is recorded in
  minutes signed by the judge and the parties
• - Excerpts of such minutes may be
  enforced as writ of execution
• MEDIATION ART. 131-1 et seq. NCPC
• The
  judge may nominate a natural or artificial third
  person represented by a natural person
• with the parties consent
• To hear the parties
• To compare their
  positions
• with a view to finding a
  settlement

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EXPERIENCE / NEEDS IN VIEW OF DISPUTE RESOLUTION
I.E. BEFORE GOING TO COURT OR TO ARBITRATION

• NEEDS WORK AND TIME
• INSTITUTION MANAGEMENT MUST
• FREEZE ANY INITIATIVE AS SOON AS THE DISPUTE IS
  THREATENED OR DECLARED
• COLLECT AND ASSESS ALL INFORMATION AVAILABLE
• HAVE AN ANALYSIS MADE BY IN-HOUSE LAWYERS AND
  COUNSELS
• DERIVE A STRATEGY WITH LAWYERS
• STRATEGY INCLUDES
• A TENTATIVE SETTLEMENT DISCUSSION LIMITED IN
  TIME
• USE OF ALL THE STRENGTHS LEGAL, POLITICAL AND
  MEDIA
• EXPERIENCE WORK, NO TIME
• LAWYERS INVOLVED TOO LATE
• EMOTION TAKES THE LEAD AND JEOPARDIZES AMICABLE
  SOLUTIONS
• CONCILIATION / MEDIATION DIFFICULT TO IMPLEMENT